Hoilape (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Bridging E (Class WE) visa. The applicant sought review of a decision, but the primary issue before the Tribunal was whether it possessed jurisdiction to hear the matter.

The central legal issue was whether the AAT had jurisdiction to consider the application for review when the prescribed fee for the application had not been paid, and no request for a fee reduction had been made or determined.

The Tribunal, constituted by Member Kate Chapple, reasoned that the payment of the prescribed fee is a prerequisite for a valid application for review. As the fee had not been paid and no determination regarding a fee reduction had been made, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

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