Patel v Minister for Immigration

This matter concerned an application for judicial review of a decision made by the Administrative Appeals Tribunal (AAT) concerning an Employer Nomination (subclass 186) visa. The applicants, Mr. and Mrs. Patel, sought to challenge the AAT's decision that they did not have an approved nomination for the visa.

The central legal issue before the Federal Court was whether the AAT had committed a jurisdictional error in its assessment of the applicants' eligibility for the subclass 186 visa, specifically in relation to the requirement for an approved nomination.

Justice Kendall found that the Migration Act 1958 (Cth) and associated regulations clearly stipulated that an approved nomination was a prerequisite for the grant of an Employer Nomination (subclass 186) visa. The AAT's finding that the applicants lacked such an approved nomination was therefore a correct application of the law to the facts before it. Consequently, the Court concluded that no jurisdictional error had occurred.

The application for judicial review was dismissed.