Hong (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter involving an applicant seeking review of a decision concerning a Student (Temporary) (Class TU) visa. The applicant had lodged an application for review, but this application was made outside the prescribed period and the application fee had not been paid.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's appeal, given the failure to pay the prescribed application fee and the lodgement of the application outside the statutory timeframe.

The Tribunal determined that the payment of the prescribed fee is a fundamental requirement for a valid application for review. As the fee had not been paid, and no request for a fee reduction had been made or determined, the application for review was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case.