Liang (Migration)

The applicant sought a review of a decision by the Migration Review Tribunal concerning a Child (Residence) (Class BT) visa, Subclass 802. The core of the dispute revolved around the applicant's request for a reduction of the prescribed application fee and the subsequent failure to pay the fee within the stipulated timeframe.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's case, given that the prescribed application fee had not been paid within the period allowed after the request for a fee reduction was refused. This question hinged on the validity of the application for review in the absence of the required fee payment.

The Tribunal reasoned that the applicant had been afforded a reasonable period to pay the fee after being notified of the refusal of their request for a reduction. As the fee remained unpaid after this period expired, the application for review was deemed invalid. Consequently, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the matter.