Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision concerning a Visitor (Class FA) Visa, Subclass 600. The central dispute revolved around the applicant's failure to pay the required visa application fee, despite being notified of the decision and given a period to do so.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's appeal. This question hinged on whether the applicant had made a valid application for review, which in turn depended on whether the prescribed fee had been paid within the stipulated timeframe.

The Tribunal reasoned that the applicant had been afforded a reasonable opportunity to pay the fee after being notified of the authorised officer's decision. As the fee remained unpaid, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal determined that it lacked the necessary jurisdiction to proceed with the matter.