Jarial v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2)

The applicant, Mr Jarial, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning an employer nomination visa application. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the first respondent. The dispute arose from an alleged error in the decision relating to the nomination application. The matter was heard in the Federal Circuit Court of Australia before Judge Lucev.

The central legal issue before the Court was whether the AAT had erred in law in its review of the employer nomination application. Specifically, the Court was required to determine if the AAT's dismissal of the review of the nomination application was legally sound.

Judge Lucev dismissed the originating application. The Court ordered that the applicant pay the first respondent's costs in the sum of $5,000 by 16 February 2022.