Sam (Migration)
Case
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[2017] AATA 1771
•18 July 2017
Details
AGLC
Case
Decision Date
Sam (Migration) [2017] AATA 1771
[2017] AATA 1771
18 July 2017
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), application. The applicant sought review of a delegate's decision.
The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that the same primary decision had previously been the subject of a valid review by the Tribunal.
The Tribunal reasoned that once a decision has been validly reviewed by it, that decision is no longer a "reviewable decision" for the purposes of further review. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a second review of the same primary decision. The Tribunal concluded that it did not have jurisdiction in this matter.
The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision, given that the same primary decision had previously been the subject of a valid review by the Tribunal.
The Tribunal reasoned that once a decision has been validly reviewed by it, that decision is no longer a "reviewable decision" for the purposes of further review. Consequently, the Tribunal determined that it lacked jurisdiction to entertain a second review of the same primary decision. The Tribunal concluded that it did not have jurisdiction in this matter.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Res Judicata
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Judicial Review
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Citations
Sam (Migration) [2017] AATA 1771
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
SZBWJ v MIAC
[2008] FMCA 164
SZASP v MIAC
[2007] FCA 771
SZBWJ v MIAC
[2008] FMCA 164