Gotcha Victoria Pty Ltd (Migration)

Gotcha Victoria Pty Ltd (Migration) concerned an application for review of a decision made by the Tribunal. The applicant, Ms Zhang, sought to pay the prescribed fee for her review application using credit card details submitted to the Tribunal. The Tribunal processed this payment on 11 December 2019, which was after the prescribed deadline of 29 August 2019.

The central legal issue before the Tribunal was whether the payment of the prescribed fee, made after the statutory deadline, constituted a valid payment for the purposes of conferring jurisdiction on the Tribunal to hear the review application. This involved an interpretation of section 347(1)(b) of the relevant Act and regulation 4.10 of the Regulations.

The Tribunal reasoned that the payment was made outside the prescribed time limit. Consequently, it was not a valid payment for the purposes of section 347(1)(b) of the Act and regulation 4.10 of the Regulations. As a valid payment is a prerequisite for a valid application for review, the Tribunal concluded that it lacked jurisdiction to consider Ms Zhang's application. The Tribunal therefore made no orders in relation to the substantive review application.