Kidman (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a decision concerning their Special Category (Temporary) (Class TY) visa, Subclass 444. The core of the dispute revolved around the timeliness and proper lodgement of the applicant's review application.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's application for review. This question turned on whether the application had been made in accordance with the relevant legislative requirements, specifically concerning the payment of the applicable fee within the prescribed period.

The Tribunal determined that the application for review was not received until 27 February 2018. Crucially, no fee was paid, nor was a request for a fee reduction made, within the period stipulated by the legislation. Consequently, the Tribunal concluded that the application for review had not been made in accordance with the relevant legislative provisions, thereby divesting the Tribunal of jurisdiction to hear the matter. The Tribunal therefore made no order on the merits of the application.