Sharif (Migration)

This matter concerned an application for review by Mr Sharif before the Administrative Appeals Tribunal (AAT). The dispute arose from Mr Sharif's application for a Bridging E (Class WE) visa (Subclass 050). The AAT Member, Joseph Lindsay, was required to determine whether the Tribunal had jurisdiction to hear the application.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider Mr Sharif's application for review, given that the prescribed fee for the application had not been paid. The Tribunal was also required to consider whether any determination had been made, or requested, regarding a reduction of that fee.

The Tribunal's reasoning was that the Migration Regulations prescribe a fee for certain applications. In this instance, the prescribed fee for Mr Sharif's application had not been paid, and there had been no request or determination for a fee reduction. Consequently, the Tribunal concluded that the application for review was not a valid application, and therefore, the Tribunal lacked jurisdiction to proceed with the matter. The Tribunal made no orders, other than to state that it did not have jurisdiction.