Fineza (Migration)

The Administrative Appeals Tribunal (AAT) considered the validity of an application for review lodged by Fineza concerning a Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute revolved around whether the application for review was validly made, specifically in relation to the lodgement of an incorrect application form and the non-payment of the prescribed fee.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Fineza's application for review. This question turned on whether Fineza had complied with the procedural requirements for lodging an application for review of a visa decision, as stipulated by the relevant migration legislation and regulations.

The Tribunal determined that the application for review was not validly made. This conclusion was based on the fact that an incorrect application form had been lodged and, crucially, the prescribed fee had not been paid. As a consequence of these deficiencies, the Tribunal found that it lacked the necessary jurisdiction to proceed with the review of Fineza's visa decision.