Cohen v Minister for Immigration & Multicultural Affairs [2000] FCA 1875

FEDERAL COURT OF AUSTRALIA

Cohen v Minister for Immigration & Multicultural Affairs [2000] FCA 1875 MIGRATION - application for review of decision of Migration Review Tribunal - applicant a citizen of the United States of America - applicant suffers from chronic fatigue syndrome and other conditions - applicant sought advice and treatment from doctors and participated in a research study that considered her illness whilst in Australia - applicant applied for a Medical Treatment (Visitor) (Class UB) (Subclass 685-Medical Treatment) (Long Stay) visa - decision of a delegate of the respondent to refuse the visa upheld by Tribunal - consideration of whether Tribunal erred in its interpretation of 'medical treatment' within the context of the Migration Regulations by interpreting it to mean specialist medical treatment - whether Tribunal erred in finding that the applicant had not been seeking to obtain medical treatment in Australia and that no arrangements had been concluded to carry out such treatment. Migration Act 1958 (Cth) ss 476(1)(b), 476(1)(e), 476(1)(g), 499 Migration Regulations cl 685.211, 685.212, 685.212(2), 685.213-685.216, 685.221 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Thiele v The Commonwealth of Australia (1990) 22 FCR 342 distinguished Bresmac Pty Ltd v Starr (1992) 29 NSWLR 318 distinguished Reid v Secretary of State for Scotland [1999] 2 AC 512 distinguished New South Wales Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 referred to JOANNE THERESA COHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 65 OF 2000 MANSFIELD J 21 DECEMBER 2000 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 65 OF 2000

BETWEEN: JOANNE THERESA COHEN