CHEPURI (Migration)

This matter concerned an application for review of a decision by the Migration and Refugee Division of the Administrative Appeals Tribunal. The applicant sought review of a decision relating to a Skilled (Provisional) (Class VC) visa.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the prescribed fee for the application had not been paid and no determination had been made, or requested, to reduce that fee.

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 consider the merits of the applicant's case. Consequently, the application for review was deemed invalid.