Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa. The applicant, Mr. Singh, had lodged an application for review with the Tribunal.

The central legal issue before the Tribunal was whether it had jurisdiction to consider Mr. Singh's application for review. This question turned on whether Mr. Singh's application was a "valid application" for review, which in turn depended on whether the prescribed application fee had been paid.

The Tribunal reasoned that the Migration Regulations require the payment of a prescribed fee for an application for review to be valid, unless a reduction or waiver of that fee has been determined. In this instance, the prescribed fee had not been paid, and no request for a fee reduction or waiver had been made or determined. Consequently, the Tribunal concluded that Mr. Singh's application for review was not a valid application, and therefore the Tribunal lacked jurisdiction to proceed with the matter.

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