Komite v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicants, Mr and Mrs Komite, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which refused their application for Employer Nomination (Permanent) (Subclass 186) visas. The core of the dispute concerned the applicants' failure to have an approved nomination lodged with their visa applications, a prerequisite for this visa subclass. The matter came before Judge Street of the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether the AAT had erred in refusing an oral application for an adjournment made by the applicants, and whether the applicants had presented an arguable case for the relief they sought. The applicants' submissions to the Court were also scrutinised to determine if they invited an impermissible merits review of the AAT's decision.

Judge Street reasoned that the applicants' submissions did not establish an arguable case for the relief claimed, nor did they demonstrate any error on the part of the AAT. The Court found that the applicants' arguments invited a review of the merits of the AAT's decision, which is beyond the scope of judicial review. Consequently, the oral application for an adjournment was refused, and the application for judicial review was dismissed pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth). The applicants were ordered to pay the first respondent's costs.