Seligman, Norman v Minister for Immigration & Multicultural Affairs [1998] FCA 346

FEDERAL COURT OF AUSTRALIA MIGRATION LAW - application for judicial review - decision of Minister to refuse a senior executive visa to family with child with mild intellectual disability - whether Court has jurisdiction to review the decision of Minister - whether opinion of Commonwealth Medical Officer is judicially reviewable decision - whether Commonwealth Medical Officer can be made a party to the proceedings for the purpose of judicial review - whether decision of Commonwealth Medical Officer can be reviewed in proceedings brought against the Minister - error of law within the meaning of subs 476(1)(e) of Migration Act 1958 (Cth) - whether "long term income support" is within the meaning of "health care or community services" in Sch 4 subpar 4005(c)(i) Migration Regulations - whether no evidence to justify making the decision. Migration Act 1958 (Cth) - subs 31(3), subs 475(1)(a), subs 475(1)(b), subs 475(1)(c), subs 475(2), s 476, subs 476(1)(e), subs 476(1)(g), subs 476(4)(a), s 480, s 485, subs 485(1) Migration Regulations - regs 2.03, 2.25B; subregs 2.25A(1), 2.25A(3); Sch 2 pars 128, 128.32; Sch 4 pars 4005, 4005(c), subpars 4005(c)(i), 4005(c)(ii); Administrative Decisions (Judicial Review) Act 1977 (Cth) Manokian v Minister for Immigration and Multicultural Affairs (Davies J, 3 December 1997, unreported) Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 NORMAN SELIGMAN -v- MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 588 of 1997

FOSTER J 9 APril 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 588 of 1997

BETWEEN: norman seligman

Applicant

AND: minister for immigration and multicultural affairs

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 9 APril 1998

WHERE MADE: SYDNEY