Jakubowska (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Temporary Activity (Class GG) visa. The applicant sought review of a decision, but the central issue revolved around the payment of the prescribed application fee.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the prescribed application fee had not been paid and no determination had been made, or even requested, that the fee should be reduced.

The Tribunal reasoned that under the relevant migration regulations, the payment of the prescribed fee is a prerequisite for a valid application for review. As the fee had not been paid and no request for reduction had been made, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the matter.

The Tribunal therefore made no determination on the merits of the visa application itself, but rather dismissed the application for review for want of jurisdiction.