Jakubowska (Migration)

[2023] AATA 577

Jakubowska (Migration) [2023] AATA 577 (10 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Seymona Maria Jakubowska

CASE NUMBER:  2212365

HOME AFFAIRS REFERENCE(S):          BCC2021/2084333

MEMBER:Alan McMurran

DATE:10 February 2023

PLACE OF DECISION:  Sydney

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 10 February 2023 at 9:39am

CATCHWORDS

MIGRATION – Temporary Activity (Class GG) visa – application fee had not been paid – no determination has been made that the fee should be reduced – invalid application –no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 338, 347, Schedule 2

Migration Regulations 1994, rr 4.10, 4.13

CASES
Braganza v MIMA (2001) 109 FCR 364

Kirk v MIMA (1998) 87 FCR 99

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Home Affairs, dated 8 August 2022, to refuse to grant a Temporary Activity (Class GG) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant, Ms Seymona Maria Jakubowska, is a citizen of the Netherlands.

2. The review application form was lodged with the Tribunal within time on 23 August 2022. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

   Payment of the prescribed application fee

3. Pursuant to s 347(1) of the Act and reg 4.13 of the Migration Regulations 1994, this application had to be given to the Tribunal within the prescribed period, as specified in s 347(1)(b) and reg 4.10 and accompanied by the prescribed fee, unless a determination has been made under reg 4.13(4) that the fee should be reduced on the basis of financial hardship.

4. The prescribed period is set out in reg 4.10 of the Regulations and starts when the applicant is notified of the decision[1]. In the present case, the prescribed period for payment of the fee ended on the deadline for lodgement of the application on 29 August 2022. The fee must be paid within the prescribed period: Kirk v MIMA (1998) 87 FCR 99, or if a determination has been made under reg 4.13(4), within a reasonable period after that determination: Braganza v MIMA (2001) 109 FCR 364.

   [1] 21 calendar days from date of decision

5. On 13 September 2022, the Tribunal sent a natural justice letter to the applicants. The letter informed the applicants that the application fee was not paid as required by the Regulations. The letter invited a response. The applicant did not respond.

6. The prescribed fee[2] has not been paid and no determination has been made (or requested) that the fee should be reduced. In these circumstances, the application for review is not a valid application and the Tribunal has no jurisdiction in this matter.

   [2] currently $3,153.00 at time of AAT decision

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Alan McMurran
   Member