Tuhakaraina (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning a Special Category (Temporary) (Class TY) visa, subclass 444. The applicant sought review of a decision, but the central issue revolved around the payment of the application fee.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review. This question hinged 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 found that no application fee had been received from the applicant. Applying the relevant migration regulations, the Tribunal determined that because the applicant had not paid 50 per cent of the prescribed fee prior to the expiry of the prescribed period, the application for review was not valid. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the matter. The Tribunal therefore made no order other than to state that it did not have jurisdiction.