MFOLO (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Bridging E (Class WE) visa, Subclass 050. The applicants sought a review of a decision, but the core of the dispute revolved around the validity of their application for review due to non-compliance with fee payment and fee reduction request deadlines.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the prescribed application fee had not been paid within the stipulated period, nor had a request for a fee reduction been lodged within that same period.

The Tribunal determined that it lacked jurisdiction because the application for review was not validly made. Citing the failure to pay the prescribed fee and the absence of a timely fee reduction request, the Tribunal concluded that these omissions rendered the application invalid from its inception. Consequently, the Tribunal held that it had no power to entertain the matter, irrespective of the applicants' financial circumstances.