Li (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms Li concerning a decision relating to her Student (Temporary) (Class TU) visa, specifically Subclass 572 (Vocational Education and Training Sector). The central dispute revolved around the non-payment of a prescribed fee within the required timeframe.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Ms Li's application for review, given that the prescribed fee had not been paid within the period stipulated by the Department.

The Tribunal determined that it lacked jurisdiction. Member Richard West reasoned that the applicant had been afforded a reasonable opportunity to pay the fee after being notified of the authorised officer's decision. As the fee remained unpaid, the application for review was deemed invalid, thereby precluding the Tribunal from exercising its jurisdiction in the matter.