Yohannes (Migration)

The Administrative Appeals Tribunal (Migration and Refugee Division) considered an application by Mr Yohannes for review of a decision by a delegate of the Minister for Immigration to cancel his Special Category (Temporary) (Class TY) visa. The applicant lodged his review application with the Tribunal on 7 October 2019.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application was made in accordance with the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1999* (Cth), specifically concerning the lodgement period and the payment of the prescribed fee.

The Tribunal found that it lacked jurisdiction because the application was not validly made. While the application was lodged within the prescribed time, it was not accompanied by the correct application fee. The applicant had requested a fee reduction, but the payment made was fifty cents short of the required half fee. The Tribunal noted that even though the applicant may have experienced delays in communication, this did not excuse the failure to pay the full required amount of the half fee. Consequently, the application for review was deemed invalid.