Silva Ferreira (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa. The applicant, Silva Ferreira, sought review of a decision, but the primary issue before the Tribunal was whether it had jurisdiction to hear the matter.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider the application for review, given that the prescribed fee for the application had not been paid. The Tribunal was required to determine if the non-payment of the fee rendered the application invalid and, consequently, divested the Tribunal of its power to proceed.

Member Brendan Darcy reasoned that the Migration Regulations require the payment of a prescribed fee for an application for review to be valid. In this instance, the fee had not been paid, and there had been no request or determination for a fee reduction. Consequently, the application for review was deemed not to be a valid application, meaning the Tribunal lacked jurisdiction to entertain the merits of the case. The Tribunal therefore concluded it had no jurisdiction in this matter.