Navicokalou (Migration)

The applicant, Navicokalou, sought judicial review of a decision made by the Migration Review Tribunal. The dispute concerned the applicant's eligibility for a Bridging E (Class WE) visa, subclass 050 (Bridging (General)). The core of the matter was whether the Tribunal retained jurisdiction to review a decision that had already been the subject of a prior review.

The legal issue before the court was whether the Migration Review Tribunal had jurisdiction to entertain a repeat review application when the delegate's original decision had already been reviewed by the Tribunal. This question turned on the interpretation of the Migration Act 1958 (Cth) and the relevant regulations concerning the finality of Tribunal decisions.

The Tribunal Member, Namoi Dougall, reasoned that once a delegate's decision has been validly reviewed by the Tribunal, it ceases to be a "reviewable decision" for the purposes of further review. Consequently, the Tribunal's jurisdiction in relation to that specific decision is extinguished. The Member concluded that the Tribunal did not have jurisdiction to hear the applicant's repeat review application.