Minister for Immigration & Multicultural Affairs v Seligman [1999] FCA 117

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Seligman [1999] FCA 117

ADMINISTRATIVE LAW – immigration law – grant of visa – Public Interest Criteria in Item 4005, Schedule 4 – whether grant of visa would "result in a significant cost to the Australian community in the areas of health care or community services" – provision of opinion by Medical Officer to the Minister as set down in reg 2.25 – purports to regulate the way in which the Medical Officer determines the question of cost to the Australian community – required to consider the person's need and eligibility for health care and community services without regard to whether person will use it – Minister required by subreg 2.25A(3) to take opinion to be "correct" in deciding whether person satisfies a criterion – consideration of regulation making power under s 505 Migration Act 1958 (Cth) – reg 2.25B invalid because beyond power conferred by s 505 – cuts down range of considerations to be taken into account – whether decision of Medical Officer judicially reviewable decision – whether a disability related government pension falls within the concept of "community services" – consideration of the policy to limit entry into Australia of persons likely to be a financial burden on Australian community. Migration Act 1958 (Cth) ss 65 and 505 Migration Regulations regs 2.25A, 2.25B and Sch 4 item 4005 Manokian v Minister for Immigration and Ethnic Affairs (1997) 48 ALD 632 discussed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Coleman v Gray (1994) 55 FCR 412 cited MINISTER FOR IMMIGATION & MULTICULTURAL AFFAIRS v NORMAN SELIGMAN NG 391 OF 1998 FRENCH, NORTH AND MERKEL JJ MELBOURNE 1 MARCH 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 391 OF 1998