Downs (Migration)

The applicant, Downs, sought judicial review of a decision by the Migration Review Tribunal (MRT) to refuse to consider his application for review of a decision to cancel his Subclass 444 (Special Category) visa. The visa was cancelled while the applicant was in immigration clearance, and he subsequently departed Australia.

The central legal issue before the Tribunal was whether the MRT had jurisdiction to review the cancellation decision. This turned on whether the cancellation decision was a "Part 5-reviewable decision" within the meaning of the *Migration Act 1958* (Cth). The Tribunal was also required to consider the implications of the applicant's departure from Australia on the review process and whether principles of natural justice and procedural fairness had been afforded.

The Tribunal reasoned that, based on its findings, the cancellation decision was not a Part 5-reviewable decision. Consequently, the MRT lacked jurisdiction to entertain the applicant's application for review. The Tribunal did not make findings on the merits of the cancellation or the procedural fairness aspects, as jurisdiction was not established.

The Tribunal concluded that it did not have jurisdiction in the matter.