Patel (Migration)

The applicant, Mr. Patel, sought review of a decision by an authorised officer to refuse his application for a reduction in the prescribed fee for a Subclass 602 (Medical Treatment) visa. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the appeal.

The primary legal issue before the Tribunal was whether Mr. Patel's application for review was valid, which in turn determined whether the Tribunal possessed jurisdiction to consider his case. This depended on whether he had complied with the requirements for lodging a valid application for review, specifically concerning the payment of the prescribed fee.

The Tribunal found that Mr. Patel had been afforded a reasonable period to pay the outstanding remainder of the visa application fee following notification of the authorised officer's decision. As this fee remained unpaid, the Tribunal concluded that Mr. Patel's application for review was not validly made. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.