Khalil (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Khalil concerning a Visitor (Class FA) visa. The central dispute revolved around the payment of the application fee for this visa.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr Khalil's application for review. This question hinged on whether the application for review had been properly made under section 347 of the relevant migration legislation.

The Tribunal reasoned that for an application for review to be properly made under section 347, certain preconditions must be met. In this instance, the application fee for the visa had not been paid, and there had been no determination that the fee should be reduced. Consequently, the Tribunal concluded that the application for review was not properly made, and therefore, it lacked jurisdiction to proceed with the matter. The Tribunal determined that it did not have jurisdiction in this matter.