Nicholson (Migration)

The applicant sought review of a decision by an authorised officer of the Tribunal concerning a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The core of the dispute revolved around the applicant's failure to pay the prescribed application fee and their use of an incorrect application form.

The Tribunal was required to determine whether it had jurisdiction to hear the applicant's review. This involved considering whether the applicant had complied with the necessary procedural requirements for lodging a valid application for review, specifically in relation to the payment of the application fee.

The Tribunal reasoned that the applicant had been given a reasonable period to pay the application fee after being notified of the refusal of their request for a fee reduction. As the fee remained unpaid within the stipulated timeframe, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.