Neal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Temporary Activity (Class GG) visa, Subclass 408. The applicant sought review of a decision, but the primary issue before the Tribunal was whether it possessed jurisdiction to hear the matter.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the application for review given that the prescribed fee for the application had not been paid. The Tribunal was required to determine if the non-payment of the fee rendered the application invalid and consequently deprived the Tribunal of its power to proceed.

The Tribunal reasoned that the payment of the prescribed fee is a jurisdictional prerequisite for a valid application for review. As the fee had not been paid, and no request for a fee reduction had been made or determined, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to entertain the review. The Tribunal therefore made no determination on the merits of the visa application itself.