BELL (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant sought review of a decision, but the Tribunal found that it lacked jurisdiction to hear the matter due to issues with the application fee.

The primary legal issue before the Tribunal was whether it had jurisdiction to proceed with the review application, given that the full prescribed fee had not been paid. The Tribunal was required to determine if the payment of the correct fee was a jurisdictional prerequisite for a valid application for review.

The Tribunal reasoned that the applicant was advised of the correct fee of $1731, having already paid $884. The applicant explicitly stated he did not wish to pay the remaining balance. As the prescribed fee had not been paid in full, and no determination had been made for a reduced fee, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal held that it lacked jurisdiction to consider the merits of the application.

The Tribunal ordered that it did not have jurisdiction in this matter.