Trotter (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa. The applicant, Mr Trotter, sought review of a decision, but it became apparent during the Tribunal's consideration that the prescribed application fee had not been paid.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given the non-payment of the application fee. The Tribunal was required to determine if the absence of a fee payment, and the lack of any determination or request for a fee reduction, impacted its ability to exercise its review powers.

The Tribunal reasoned that the payment of the prescribed fee is a prerequisite for a valid application for review. As no fee had been paid and no determination had been made or requested to reduce the fee, the application was deemed invalid. Consequently, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the review. The Tribunal therefore made no order other than to state that it did not have jurisdiction in the matter.