1730164 (Migration)

The applicant sought review of a decision concerning their Bridging A (Class WA) visa, subclass 010. The core of the dispute revolved around the applicant's failure to pay the prescribed application fee within the stipulated timeframe. The applicant contended they were unaware of this requirement, while the decision under review proceeded on the basis that notice of the fee requirement was deemed to have been given to the applicant.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given the non-payment of the application fee. This necessitated a determination of whether the applicant's claim of unawareness excused the failure to pay, or if the statutory deeming provision regarding notice was conclusive.

The Tribunal found that the prescribed fee had not been paid, and no request for a fee reduction had been made. Consequently, the Tribunal concluded that the application for review was not a valid application. Applying the relevant legislative provisions, the Tribunal held that it lacked jurisdiction to proceed with the matter.