TAHMINA (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Tahmina (the applicant) concerning a decision made under the *Migration Regulations 1994* (Cth) in relation to a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant's representative had withdrawn their authorisation, and the application was subsequently deemed invalid due to an incomplete cheque being received by the Tribunal outside the prescribed timeframe.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review. This question hinged on whether the application for review constituted a "valid application" given the circumstances of the fee payment and the withdrawal of representation.

The Tribunal determined that the prescribed fee had not been paid within the stipulated period, which concluded on 19 December 2017. As no request for a fee reduction had been made or determined, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal found it lacked jurisdiction in the matter, as it had no discretion to waive the legislative requirements for a valid application. The Tribunal therefore made no determination on the merits of the applicant's case.