Kimutai (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter involving an applicant seeking review of a decision concerning their Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's failure to pay the applicable fee for their application for review and their use of an incorrect application form.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review. This question hinged on whether the applicant's purported application for review constituted a valid application in accordance with the relevant legislative and regulatory requirements.

The Tribunal determined that the prescribed fee for the application for review had not been paid, nor had any request been made or determination reached regarding a fee reduction. In the absence of these essential requirements, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.