Kerdyod (Migration)
Case
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[2018] AATA 3454
•31 August 2018
Details
AGLC
Case
Decision Date
Kerdyod (Migration) [2018] AATA 3454
[2018] AATA 3454
31 August 2018
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought review of a decision related to their visa application.
The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This question hinged on whether the prescribed application fee had been paid, or if a determination had been made or requested for a reduction of that fee.
The Tribunal reasoned that the payment of the prescribed fee, or a formal determination regarding its reduction, was a prerequisite for a valid application for review. As the fee had not been paid and no such determination had been made or requested, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.
The Tribunal ordered that it did not have jurisdiction in this matter.
The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This question hinged on whether the prescribed application fee had been paid, or if a determination had been made or requested for a reduction of that fee.
The Tribunal reasoned that the payment of the prescribed fee, or a formal determination regarding its reduction, was a prerequisite for a valid application for review. As the fee had not been paid and no such determination had been made or requested, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.
The Tribunal ordered that it did not have jurisdiction in this matter.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Kerdyod (Migration) [2018] AATA 3454
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
0
SZBYR v Minister for Immigration and Citizenship
[2007] HCA 26
Grey v Minister for Immigration
[2018] FCCA 1564
Kirk v MIMA
[1998] FCA 1174