Patel v Minister for Immigration and Citizenship

The appellant, Patel, sought review of a decision by the respondent, the Minister for Immigration and Citizenship, to cancel his visa on the basis that he had provided a false statement in his application for a skilled migration visa. Patel argued that the requirement under the Migration Regulations for an application for assessment of skills was satisfied, and that his nominated skilled occupation of Family Counsellor could be changed to Computing Professional. The matter was heard in the Federal Court of Australia.

The court was required to decide whether section 105 of the Migration Act 1958 applied to Patel's case, and whether the nominated skilled occupation could be changed. The court considered whether Patel's answer regarding the nominated skilled application was incorrect when it was given or provided, and whether the change of occupation was permissible under the regulations.

The court found that section 105 did not apply to Patel's case as the answer given about the nominated skilled application was not incorrect when it was given or provided. The court also found that the nominated skilled occupation could not be changed under the regulations. The appeal was dismissed with costs.

The court ordered that the appeal be dismissed with costs. The costs were to be paid by the appellant, Patel.