SINGH (Migration)

Case

[2023] AATA 2621

8 August 2023


Details
AGLC Case Decision Date
SINGH (Migration) [2023] AATA 2621 [2023] AATA 2621 8 August 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Medical Treatment (Visitor) (Class UB) visa, Subclass 602. The applicant had lodged their visa application on the last day of the prescribed period but had not paid the full application fee, nor had they requested a reduction in the fee.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's case, given the non-payment of the full visa application fee and the absence of a request for a fee reduction.

The Tribunal determined that the relevant legislative provisions required the payment of the prescribed fee for a valid application. As the full fee had not been paid and no request for a fee reduction had been made or determined, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

The Tribunal therefore made no order other than to state that it did not have jurisdiction in this matter.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

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Kirk v MIMA [1998] FCA 1174