Mason (Migration)

This matter concerned an application for review of a decision relating to a Special Category (Temporary) (Class TY) visa, Subclass 444, before the Migration Review Tribunal. The applicant sought review of a decision, but the prescribed fee for the application had not been paid.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review given the non-payment of the applicable fee. The Tribunal was required to determine if the failure to pay the fee rendered the application invalid and consequently deprived the Tribunal of its power to consider the merits of the case.

The Tribunal, constituted by Senior Member Ann Duffield, reasoned that the payment of the prescribed fee is a prerequisite for a valid application for review. In the absence of payment, and without any determination or request for a reduction of the fee, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review. The Tribunal therefore made no determination on the substantive merits of the application.