Smith (Migration)

This matter concerned an application for review of a decision relating to a Visitor (Class FA) visa. The applicant, identified as Smith, had lodged an application for this visa. The core of the dispute revolved around the payment of the prescribed application fee.

The Administrative Appeals Tribunal was required to determine whether it had jurisdiction to hear the application for review. This question of jurisdiction hinged on whether the application for review was validly made, which in turn depended on the payment of the visa application fee.

The Tribunal, constituted by Member Joseph Lindsay, reasoned that the prescribed fee for the visa application had not been paid. Furthermore, no determination had been made, nor had a request been made for a determination, that the fee should be reduced. In the absence of these conditions being met, the Tribunal concluded that the application for review was not a valid application. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.