Nguyen Huy (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review concerning a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant sought review of a decision, but the central dispute revolved around the validity of her application for review due to a late payment of the required fee.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review. This question turned on whether the application for review was validly made, specifically in light of the timing of the payment of the prescribed application fee.

The Tribunal reasoned that the prescribed period for making the application for review concluded on 15 February 2021. While the applicant responded to a notification from the Tribunal and the fee was received on 1 March 2021, this payment occurred after the expiry of the prescribed period. Consequently, the Tribunal determined that the application for review was not a valid application, and therefore, it lacked the necessary jurisdiction to proceed with the matter. The Tribunal concluded that it did not have jurisdiction in this matter.