Zhang (Migration)

This matter concerned an application for review by Zhang in relation to a Student (Temporary) (Class TU) visa, subclass 500. The dispute arose because the prescribed fee for the application was not paid. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider Zhang's application for review given the non-payment of the applicable fee. The Tribunal had to ascertain if the application, in these circumstances, constituted a valid application capable of attracting the Tribunal's review powers.

The Tribunal reasoned that the Migration Regulations prescribe a fee for certain applications, and that the payment of this fee is a prerequisite for a valid application. In this instance, the prescribed fee had not been paid, nor had any request been made for a reduction of that fee. Consequently, the Tribunal concluded that Zhang's application for review was not a valid application, and therefore, the Tribunal lacked jurisdiction to proceed with the matter. The Tribunal made no orders as it determined it had no jurisdiction.