Flogen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600. The applicant sought review of a decision related to their visa application.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the prescribed fee had not been paid. The Tribunal was required to determine if the non-payment of the fee rendered the application invalid and consequently deprived the Tribunal of its jurisdiction.

The Tribunal reasoned that the Migration Regulations prescribe a fee for applications for review. In this instance, the prescribed fee had not been paid, and there had been no request or determination for a reduction of that fee. Consequently, the Tribunal concluded that the application for review was not a valid application. As a result, the Tribunal held that it lacked jurisdiction to proceed with the matter.

The Tribunal ordered that it did not have jurisdiction in this matter.