Freezefresh Seafood Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a refusal of a visa nomination made by Freezefresh Seafood Pty Ltd. The central issue before the Tribunal was whether it possessed jurisdiction to hear the application.

The Tribunal was required to determine whether it had jurisdiction to proceed with the review application, given that the prescribed application fee had not been paid and no request for a fee reduction had been made or determined.

Member Tim Connellan reasoned that the payment of the prescribed fee is a prerequisite for a valid application for review. In the absence of such payment, or a formal determination regarding a fee reduction, the application was deemed invalid. Consequently, the Tribunal lacked the necessary jurisdiction to consider the merits of the review. The Tribunal therefore concluded that it did not have jurisdiction in this matter.