Hurley (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal. The applicant, Mr Hurley, sought to challenge a decision relating to a Visitor (Class FA) visa.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear Mr Hurley's application for review. This question turned on whether Mr Hurley's application had been validly made, specifically in relation to the prescribed fee.

The Tribunal found that the prescribed fee for the application had not been paid, nor had any request been made for a reduction of that fee. Consequently, the Tribunal determined that the application for review was not a valid application. As a result, the Tribunal concluded that it lacked jurisdiction to consider the merits of Mr Hurley's case.

The Tribunal therefore made no determination on the substantive issues and dismissed the application for review for want of jurisdiction.