Shahbake (Migration)

This matter concerned an application for review before the Migration and Refugee Division of the Administrative Appeals Tribunal. The applicant, Shahbake, sought review of 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. This question hinged on whether the prescribed application fee had been paid, or if a determination had been made or requested for a reduction of that fee.

The Tribunal, constituted by Member Brendan Darcy, reasoned that the payment of the prescribed fee, or a formal determination regarding its reduction, was a prerequisite for a valid application for review. As neither of these conditions had been met, the Tribunal concluded that it lacked jurisdiction to proceed with the matter.

Consequently, the Tribunal made no order on the merits of the application, as it determined it did not have jurisdiction to consider the case.