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

In *Patel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*, the applicants sought judicial review of a decision by the Administrative Appeals Tribunal concerning an application for a Regional Employer Nomination (Subclass 187) visa. The core of the dispute revolved around whether the applicants had met the visa requirements as stipulated in Schedule 2 of the *Migration Regulations 1994* (Cth), specifically concerning the approval of a nomination.

The Federal Circuit Court was required to determine whether the Tribunal had erred in its assessment of the applicants' eligibility for the visa. This involved considering whether the applicants had presented a case that could overcome the regulatory requirements for an approved nomination and whether their submissions invited an impermissible merits review of the Tribunal's decision.

Judge Street found that the applicants had not established an arguable case for the relief they claimed. The Court concluded that the applicants' submissions did not demonstrate any error on the part of the Tribunal and, in fact, appeared to invite a review of the merits of the decision, which is outside the scope of judicial review. Consequently, the application was dismissed. The applicants were also ordered to pay the first respondent's costs.