Ding (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of Ding concerning an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The central dispute revolved around the applicant's failure to pay the prescribed application fee within the required timeframe.

The Tribunal was required to determine whether it had jurisdiction to consider the applicant's request for a fee reduction and, consequently, to proceed with the review of the visa application. This involved assessing whether the applicant had complied with the procedural requirements for lodging a valid application, specifically concerning the payment of fees.

The Tribunal reasoned that the applicant had been afforded a reasonable opportunity to provide the necessary documentation to support a fee reduction request, which was not supplied. Following the refusal of this request and notification of the requirement to pay the fee by a specific date, the applicant failed to make the payment. Consequently, the Tribunal concluded that the application for review was not validly made, and therefore, it lacked jurisdiction to hear the matter.