Riddett (Migration)

Riddett (Migration) [2024] AATA 3729 (27 September 2024)
DECISION RECORD
DIVISION:Migration & Refugee Division
REVIEW APPLICANT:  Ms Sharifa Riddett
VISA APPLICANT:  Mr Bayani Fernandez Aliponga
CASE NUMBER:  2421141
HOME AFFAIRS REFERENCE(S):          BCC2024/3186238
MEMBER:Andrew Verduci
DATE:27 September 2024
PLACE OF DECISION:  Melbourne
DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 27 September 2024 at 7:37pm
CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – application for review not made in accordance with relevant legislation – prescribed fee not paid within prescribed period – no jurisdiction
LEGISLATION
Migration Act 1958 (Cth), ss 65, 347(1)(b)
Migration Regulations 1994 (Cth), rr 4.10, 4.13
CASES
Braganza v MIMA (2001) 109 FCR 364
Kirk v MIMA (1998) 87 FCR 99
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision of a delegate of the Minister for Home Affairs, dated 3 July 2024, to refuse to grant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The review application form was lodged with the Tribunal on 3 July 2024. However, the application was not made in accordance with the relevant legislation.
Pursuant to s 347(1) of the Act and reg 4.13 of the Migration Regulations 1994, this application had to be given to the Tribunal within the prescribed period, as specified in s 347(1)(b) and reg 4.10, and accompanied by the prescribed fee unless a determination has been made under reg 4.13(4) that the fee should be reduced on the basis of financial hardship.
The prescribed period is set out in reg 4.10 of the Regulations and starts when the applicant is notified of the decision. The fee must be paid within the prescribed period: Kirk v MIMA (1998) 87 FCR 99, or if a determination has been made under reg 4.13(4), within a reasonable period after that determination: Braganza v MIMA (2001) 109 FCR 364.
There is no evidence before me that this application for review was accompanied by the prescribed fee within the prescribed period. In these circumstances, it is unnecessary to consider the requests for the review application to be withdrawn.
The prescribed fee has not been paid and no determination has been made (or requested) that the fee should be reduced. In these circumstances, the application for review is not a valid application and the Tribunal has no jurisdiction in this matter.
DECISION
The Tribunal does not have jurisdiction in this matter.
Andrew Verduci
Member

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600. The applicant sought review of a decision, but the Tribunal found that the application for review was not made in accordance with the relevant legislative requirements.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This question hinged on whether the applicant had complied with the procedural requirements for lodging an application for review, specifically concerning the payment of the prescribed fee.

The Tribunal determined that the prescribed fee for the application for review had not been paid, nor had any request been made for a reduction of that fee. In the absence of these essential steps, the Tribunal concluded that the application for review was not a valid one. Consequently, the Tribunal held that it lacked the necessary jurisdiction to proceed with the matter.

Reasons for decision

The prescribed fee has not been paid and no determination has been made (or requested) that the fee should be reduced. In these circumstances, the application for review is not a valid application and the Tribunal has no jurisdiction in this matter.DECISION The Tribunal does not have jurisdiction in this matter.Andrew VerduciMember

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established