Bui, Tam Anh v Minister for Immigration & Multicultural Affairs [1998] FCA 353

FEDERAL COURT OF AUSTRALIA MIGRATION LAW - application for Vietnamese sub class 217 visa - refusal by respondent to issue visa - non IRT reviewable decision - decision of delegate of Minister - assessment of Commonwealth Medical Officer that applicant's condition would be likely to result in a "significant cost to the Australian community in the areas of health care or community services" - consideration of meaning of "health care and community services" - whether confined to health care or treatment - whether error (if made out) by Commonwealth Medical Officer constitutes error by decision-maker - power of Minister to waive requirement that applicant's condition would be likely to result in a significant cost to the Australian community in those areas - cost must be unlikely to result in 'undue' cost to Australian community - meaning of "undue" - factors relevant to exercise of Minister's power - whether Minister wrongly restricted consideration to compassionate circumstances - whether financial or other arrangements proposed by applicant relevant to Minister's consideration - relevance of opinion of Commonwealth Medical Officer. Migration Act 1958 (Cth) ss 31, 56, 475(1)(c), 476(1)(a) Migration Regulations regs 2.25B, 217.212, 217.225, Sch 4 - pars 4007(1)(c) and 4007(2) Eshutu v Minister for Immigration and Ethnic Affairs (1997) 71 FCR 300, considered Manokian v Minister for Immigration and Multicultural Affairs 3 December 1997, unreported, considered TAM ANH BUI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS VG 584 of 1997 MANSFIELD J ADELAIDE (Heard in Melbourne) 9 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 584 of 1997

BETWEEN: tam anh bui

Applicant

AND: the minister for immigration and multicultural affairs