Sun (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision, but the Tribunal found that the application for review itself was invalid.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's case. This question turned on whether the applicant had complied with the procedural requirements for lodging a valid application for review, specifically concerning the payment of the prescribed fee.

The Tribunal determined that the prescribed fee for the application for review had not been paid, nor had any request been made for a reduction of that fee. In the absence of these essential requirements being met, the Tribunal concluded that the application for review was not validly made. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the substantive review of the visa decision.

The Tribunal therefore made no determination on the merits of the visa application, as it had no jurisdiction to do so.