Hanna (Migration)

The applicant, Hanna, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the validity of an application for a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The primary issue was whether the prescribed fee for the visa application had been paid within the stipulated timeframe. The matter came before the Federal Circuit and Family Court of Australia.

The court was required to determine whether the applicant's visa application was validly made, specifically considering whether the prescribed fee was paid within the prescribed period. A further issue was whether, in the circumstances, reasonable attempts had been made to access payment, and if this could render an otherwise invalid application valid. The court also had to consider whether it possessed jurisdiction to hear the matter, given the potential invalidity of the application.

Justice Watts found that the prescribed fee for the visa application had not been paid within the prescribed period. Her Honour determined that the applicant's attempts to access payment, while made, did not constitute compliance with the legislative requirements for a valid application. Consequently, the application was deemed invalid from its inception. As the application was invalid, the court concluded that it lacked jurisdiction to consider the merits of the case. The application for judicial review was therefore dismissed.