Behrouzan (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter involving an applicant seeking a review of a decision concerning a Visitor (Class FA) visa, Subclass 600. The core of the dispute revolved around the applicant's failure to pay the prescribed application fee for the review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's case, given the non-payment of the application fee. This question necessitated an examination of the procedural requirements for lodging a valid application for review with the Tribunal, specifically concerning the timely payment of associated fees.

The Tribunal reasoned that the applicant had been afforded a reasonable opportunity to pay the application fee after being notified of the refusal of their request to reduce the fee. As the fee remained unpaid within the stipulated timeframe, the Tribunal concluded that the application for review was not validly made. Consequently, the Tribunal determined that it lacked the necessary jurisdiction to proceed with the substantive review of the visa decision.