Kalakuntla v Minister for Home Affairs

The applicants, Mr and Mrs Kalakuntla, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Delegate of the Minister for Home Affairs' refusal to grant them Employer Nomination (Class EN) (Subclass 186) visas. The refusal stemmed from the fact that their prospective employer's nomination had been refused by the Minister. Consequently, the applicants were unable to satisfy the requirements of clause 186.223(2) of the *Migration Regulations 1994* (Cth).

The central legal issue before the Federal Court was whether the AAT had committed a jurisdictional error in affirming the delegate's decision. The applicants contended that such an error had occurred, thereby invalidating the AAT's determination.

Dowdy J found that the applicants had not established any jurisdictional error on the part of the AAT. The court reasoned that the refusal of the employer's nomination was a factual pre-condition that directly impacted the applicants' eligibility under clause 186.223(2). As this pre-condition was not met, and no other grounds for jurisdictional error were demonstrated, the AAT's decision to affirm the delegate's refusal was upheld.

The application for judicial review was therefore dismissed.