Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bui v Minister for Immigration & Multicultural Affairs [1999] FCA 118
ADMINISTRATIVE LAW – immigration law – grant of visa – Public Interest Criteria in Item 4007 Schedule 4 – whether borderline intellectual functioning amounts to "significant cost to the Australian community in the areas of health care or community service" – whether Medical Officer of the Commonwealth erred in expressing an opinion on the question of waiver – whether ministerial consideration of waiver power was unduly restricted – invalidity of reg 2.25B requiring the Medical Officer to consider applicant's "need and eligibility for health care or community services". Migration Act 1958 (Cth), ss 65 and 505
Migration Regulations, regs 2.25A, 2.25B and Sch 4 item 4007 Minister for Immigration and Multicultural Affairs v Seligman [1999] FCA 117 applied Seligman v Minister for Immigration and Multicultural Affairs [1998] FCA 346 not followed
TAM ANH BUI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS VG 584 of 1997 FRENCH, NORTH AND MERKEL JJ 1 MARCH 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY VG 584 OF 1997
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TAM ANH BUI
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent JUDGES: FRENCH, NORTH AND MERKEL JJ
DATE OF ORDER: 1 MARCH 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The order made by the learned trial judge on 12 March 1998 dismissing the application with costs be set aside. 3. The respondent's decision of 23 September 1997 refusing the grant of a Special Assistance Visa be set aside. 4. The matter be remitted to the respondent for reconsideration according to law on the basis that Regulation 2.25B is invalid. 5. There be no order for the costs of the appeal. 6. The respondent pay the appellant's costs of the application other than the hearing before the primary Judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate