2401833 (Migration)

This matter concerned an application for merits review of a decision by a delegate of the Minister to refuse a Visitor (Class FA) visa to a citizen of the Philippines. The applicant had provided an email address for correspondence and was notified of the refusal on 18 January 2024. The notification advised of review rights to the Administrative Appeals Tribunal (AAT) within 70 calendar days, stating that the applicant was taken to have received the notification by email at the end of the day it was transmitted.

The Administrative Appeals Tribunal was required to determine whether it had jurisdiction to review the delegate's decision. This involved considering whether the application for review was made in accordance with the relevant legislative requirements, specifically concerning the payment of the prescribed fee and the lodgement of the application within the statutory timeframe. The Tribunal also had to consider whether any request for a fee reduction had been made or determined.

Member Nathan Goetz found that the Tribunal lacked jurisdiction because the application for review was not valid. The applicant had lodged the review application on 30 January 2024, within the prescribed period, but it was not accompanied by payment of the prescribed fee, nor was there a request for a fee reduction based on financial hardship. In the absence of either the fee payment or a determination for reduction, the application was deemed invalid.

Consequently, the Tribunal ordered that it did not have jurisdiction to review the decision dated 18 January 2024 refusing to grant the visa applicant a Visitor (Class FA) visa.