TOETA (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) regarding a Bridging E (Class WE) visa. The applicant sought merits review of a decision made by the Department of Home Affairs, but failed to pay the applicable application fee for the review within the prescribed timeframe.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's merits review application, given the non-payment of the required fee. The Tribunal was required to determine if the application for review was valid in the absence of the prescribed fee, and whether any discretion existed to waive or reduce the fee retrospectively.

The Tribunal acknowledged the applicant's difficult circumstances, including financial, emotional, and psychological stressors, and noted the potential for confusion between the nil visa application charge for a Bridging E visa and the application fee for merits review. However, the Tribunal found that the applicant failed to pay the correct application fee by the deadline of 22 July 2022, and did not request a fee reduction. Consequently, the Tribunal held that the application for review was not valid, and it therefore lacked jurisdiction to proceed. The Tribunal clarified that it had no discretion to exercise in relation to this invalid application.