Samaan (Migration)

This matter concerned an application for review before the Migration Review Tribunal. The applicant, Mr Samaan, sought to challenge a decision relating to a Visitor (Class FA) visa.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the prescribed application fee had not been paid and no determination had been made or requested for a reduction of that fee.

The Tribunal, constituted by Member Wendy Banfield, reasoned that the payment of the prescribed fee is a prerequisite for a valid application for review. In the absence of such payment, and without any determination having been made regarding a fee reduction, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

The Tribunal therefore ordered that it did not have jurisdiction in this matter.