Rattakunchon (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision, but the Tribunal found that it lacked jurisdiction to hear the matter.

The central legal issue before the Tribunal was whether it had jurisdiction to proceed with the applicant's review application. This depended on whether the applicant had complied with the procedural requirements for lodging a valid application, specifically concerning the payment of prescribed fees.

The Tribunal's reasoning was that it had contacted the applicant on 20 March 2018, requesting specific documents and payment of prescribed fees within five days. As of 3 April 2018, neither the requested documents nor the prescribed fees had been received by the Tribunal. In the absence of payment of the prescribed fee, and without any determination for a reduction of that fee, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal determined that it had no jurisdiction in the matter.