Federal Court. Once a visa application is withdrawn, is a "discretion involved on the part of an officer of the Department in assessing whether there was in fact a withdrawal in order for the withdrawal to take effect"? Is the question of fact of whether a visa application was withdrawn an objective jurisdictional fact?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Once a visa application is withdrawn, is a "discretion involved on the part of an officer of the Department in assessing whether there was in fact a withdrawal in order for the withdrawal to take effect"?
Question 2: Is the question of fact of whether a visa application was withdrawn an objective jurisdictional fact?
The FCA answered those questions as follows: