Pham (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant sought to withdraw their application for review.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review. This question arose because the applicant had not used an approved application form and had not paid the prescribed fee for the application.

The Tribunal reasoned that a valid application for review must comply with the requirements of the *Migration Regulations 1994* (Cth). As the applicant had failed to use the approved form and pay the prescribed fee, and had not sought a reduction or waiver of the fee, the application for review was not validly made. Consequently, the Tribunal lacked jurisdiction to proceed with the review. The Tribunal also noted that the applicant had not responded to an invitation to comment on the validity of their application.

As the Tribunal determined it did not have jurisdiction, it could not accept the request to withdraw the application for review.