Kinikini (Migration)

The applicant, Kinikini, sought review of a decision by the Migration Review Tribunal. The dispute concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant had paid the incorrect application fee and subsequently requested a fee reduction. The Tribunal found that no evidence was provided to support this request.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's request for a fee reduction and, consequently, to review the visa decision. This turned on whether the applicant had validly invoked the Tribunal's jurisdiction by lodging a proper application for review.

The Tribunal reasoned that a valid application for review requires compliance with the relevant legislative provisions, including the payment of the correct fee or a valid request for a fee reduction supported by evidence. As the applicant failed to provide any evidence to support their request for a fee reduction, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

The Tribunal therefore ordered that the application for review was not valid and that the Tribunal had no jurisdiction in this matter.