Dahi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning the cancellation of a Subclass 155 (Five Year Resident Return) visa. The applicant, Dahi, sought to have the cancellation decision set aside.

The primary legal issue before the Tribunal was whether the applicant had complied with the requirement to pay the prescribed fee within the stipulated period for their application for review. The Tribunal was also required to determine if any error in the application form, or any action or inaction by the Tribunal, contributed to the applicant's failure to pay the fee correctly, and if so, whether this would vitiate the Tribunal's lack of jurisdiction.

The Tribunal found that the applicant had failed to pay the correct fee within the prescribed time. It reasoned that the Tribunal was under no legal obligation to assist the applicant in identifying or rectifying errors in their application, including errors related to fee payment. The Tribunal concluded that the applicant's failure to meet this mandatory requirement meant that the application for review was not validly made, and therefore, the Tribunal lacked jurisdiction to consider the merits of the case.

Consequently, the Tribunal determined that it did not have jurisdiction in the matter and affirmed the decision to cancel the visa.