1611342 (Migration)

The applicant sought judicial review of a decision by the Migration Review Tribunal (MRT) to dismiss their application for review. The core of the dispute concerned the validity of the applicant's application to the MRT, which the MRT had found to be invalid due to non-payment of the prescribed fee.

The primary legal issue before the court was whether the MRT had jurisdiction to consider the applicant's review application, given that the prescribed fee had not been paid and no request for a fee reduction had been made or determined. This required the court to consider the statutory requirements for a valid application to the MRT.

The court reasoned that the Migration Act 1958 (Cth) and associated regulations prescribe a fee for applications to the MRT. It held that where this fee is not paid, and no application for a reduction has been made or determined, the application for review is not a valid one. Consequently, the MRT lacks jurisdiction to proceed with such an application.

The court concluded that the MRT did not have jurisdiction in the matter.