Sam (Migration)

Case

[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.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Res Judicata

  • Judicial Review

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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