Cielin, J. v Minister for Immigration & Ethnic Affairs [1986] FCA 418

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

NOT CONSIDERED SUITABLE FOR DISTRIBUTION

No. 82 of 1986

oe aed

GENERAL DIVISION

BETWEEN: JANNETTE CIELIN

Applicant

AND:

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

BURCHETT J.

The applicant is a Canadian citizen who arrived in Australia from New Zealand, having a temporary entry permit for six months, issued upon a visa granted to visit relatives and have a holiday. She did not visit relatives upon her arrival, but went to see a Dr. Golinger in Perth. This doctor is a surgeon who had treated her on a previous stay in Australia in 1975. The applicant had a long and involved history of medical problems, and a desire to consult a doctor already favourably known to her is entirely understandable. As it turned out, Dr. Golinger, who is (as I have said) a surgeon, did not think an operation appropriate, but the applicant was referred to a number of other doctors, and was at least twice admitted to hospitals

for investigation, or treatment, or perhaps for both.

Eventually, she began treatment with a chiropractor, a Mr. Martinovich, who uses a unique method, so I was informed, learned from his Yugoslav father. I take that piece of evidence to suggest that the treatment was either uniquely personal or unique to Yugoslavia. I do not think it matters which 1s meant, since no connection is suggested between the applicant and

Yugoslavia.

She has also seen a number of other doctors in various specialties. She was in hospital at the time that her temporary entry permit expired, and she was seen there by an officer of the department in order to facilitate her application for a further temporary entry permit. That was on or about 5 June 1986, and she did make the application. However, on 2] July a letter of refusal was sent, and on 7 August she was given a notice requiring her to leave Australia, pursuant to the provisions of