Lee (Migration)

This matter concerned a review application for a Student (Temporary) (Class TU) visa, Subclass 500, lodged by an applicant with the Administrative Appeals Tribunal. The central dispute revolved around the applicant's failure to pay the prescribed review fee within the timeframe set by the Tribunal.

The Administrative Appeals Tribunal was required to determine whether it had jurisdiction to consider the applicant's review application, given the non-payment of the review fee. This involved assessing whether the applicant had been afforded a reasonable opportunity to pay the fee after being notified of the Tribunal's preliminary view.

The Tribunal found that the applicant had been given a reasonable period to pay the fee following notification of the preliminary view, but the fee remained unpaid. Consequently, the Tribunal concluded that the application for review was not valid, and therefore, it lacked the necessary jurisdiction to proceed with the matter. The Tribunal made no orders as it determined it had no jurisdiction.