Budianto (Migration)

Case

[2024] AATA 2136

12 June 2024


Details
AGLC Case Decision Date
Budianto (Migration) [2024] AATA 2136 [2024] AATA 2136 12 June 2024

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Budianto concerning a Student (Temporary) (Class TU) visa. The core of the dispute revolved around the payment of the application fee.

The Tribunal was required to determine whether it had jurisdiction to hear Mr Budianto's application for review, given that the prescribed application fee had not been paid and no determination had been made, nor requested, that the fee should be reduced.

The Tribunal reasoned that the payment of the prescribed fee, or a determination for its reduction, was a prerequisite for a valid application for review. As these conditions had not been met, the Tribunal concluded that it lacked jurisdiction to proceed with the matter. Consequently, the application for review was deemed invalid.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

Kirk v MIMA [1998] FCA 1174