Zhang (Migration)

The applicant, Zhang, sought review of a decision concerning her Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's failure to pay the prescribed application fee for the visa. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's application for review, given that the application fee had not been paid.

The Tribunal reasoned that a valid application for review requires compliance with the prescribed procedural requirements, including the payment of the application fee. The applicant was notified of her failure to pay the fee and given an opportunity to respond. She indicated her intention to return to her home country and that her comments on the application's validity were no longer important. As the prescribed fee remained unpaid and no determination for its reduction had been made, the Tribunal concluded that the application for review was not valid. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter.

The Tribunal ordered that it did not have jurisdiction in this matter.