Phan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Phan concerning a Visitor (Class FA) visa, Subclass 600. The dispute arose because the prescribed fee for the application was not paid, and the correct application form was not used.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr. Phan's application for review. This question turned on whether the application for review was validly made, specifically in light of the non-payment of the prescribed fee and the use of an incorrect form.

The Tribunal determined that it lacked jurisdiction. It reasoned that where the prescribed fee for an application has not been paid, and no determination has been made or requested for a reduction of that fee, the application for review cannot be considered valid. Consequently, the Tribunal held that it had no power to proceed with the matter.