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0806475 [2008] MRTA  1405  (17 December 2008)

Last Updated: 2 January 2009

0806475  [2008] MRTA 1405  (17 December 2008)

DECISION RECORD

APPLICANT: Miss Niamh Hade

MRT CASE NUMBER: 0806475

DIAC REFERENCE(S): BCC2008/33914

TRIBUNAL MEMBER: Dominic Lennon

DATE: 17 December 2008

PLACE OF DECISION: Melbourne

DECISION: The Tribunal does not have jurisdiction in this matter.

STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Citizenship (the delegate) to refuse to grant a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act) to Miss Niamh Hade (the applicant), who was born on 1 October 1984 in Ireland.
2. The applicant applied to the Department of Immigration and Citizenship (the Department) for a Temporary Business Entry (Class UC) visa on 26 June 2008. The delegate decided to refuse to grant the visa on 19 September 2008 and notified the applicant of the decision and her review rights by email dated 19 September 2008. The applicant applied to the Tribunal on 6 October 2008 for review of the delegate’s decision.
3. Since then, the Tribunal has been advised that the applicant's application for review has been withdrawn.

RELEVANT LAW

4. A decision to refuse to grant a Temporary Business Entry (Class UC) visa under s.65 of the Act is an MRT-reviewable decision covered by s.338(2). Subject to an exception not presently relevant, if a valid application is made under s.347 of the Act for review of an MRT-reviewable decision, the Tribunal must review the decision: s.348 of the Act However, an applicant may withdraw an application for review at any time before it is determined. If an applicant for review withdraws the application there is no longer a valid application for review before the Tribunal. In those circumstances the Tribunal has no jurisdiction to conduct a review: SZASD v MIMIA [2004] FMCA 472

FINDINGS AND REASONS

5. The applicant submitted a Form MR10 (Withdrawal of Application for Review) to the Tribunal on 10 December 2008 indicating that she wished to withdraw her application for review. Included with that form was a copy of a letter dated 26 November 2008 from the Department indicating that she had been granted a subclass 457 visa on 26 November 2008.
6. The Tribunal is satisfied from the circumstances set out above that the application for review has been withdrawn Accordingly, the Tribunal finds that it no longer has a valid application before it. Therefore, the Tribunal has no jurisdiction to review the delegate's decision.

DECISION

7. The Tribunal does not have jurisdiction in this matter.
   

Presiding Member Date: