Begum v Minister for Immigration

In *Begum v Minister for Immigration*, heard before Driver J of the Federal Court of Australia, the applicant sought judicial review of a decision by the Administrative Appeals Tribunal. The core of the dispute concerned the Tribunal's jurisdiction to consider the applicant's appeal, which was challenged on the grounds that the prescribed fee had not been paid. This led to an interlocutory dismissal of a show cause application and a subsequent refusal to grant an extension of time for the applicant to remedy the fee deficiency.

The primary legal issue before the Court was whether the Administrative Appeals Tribunal had jurisdiction to proceed with the applicant's appeal in circumstances where the prescribed fee had not been paid at the time of filing. This encompassed the question of whether the Tribunal had the power to grant an extension of time to pay the fee, and if so, under what conditions.

Driver J reasoned that the payment of the prescribed fee was a jurisdictional prerequisite for the Tribunal to validly entertain an appeal. His Honour referred to the relevant legislative provisions which stipulated that an application for review would not be taken to have been duly made unless the fee was paid. Consequently, the Tribunal lacked the power to extend time for payment of a fee that was essential to its jurisdiction. The Tribunal's interlocutory dismissal of the show cause application and its refusal of an extension of time were therefore upheld.