X v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 429

FEDERAL COURT OF AUSTRALIA

X v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 429

MIGRATION – visa – public interest criteria – health care – prescription drugs- validity of medical officer's opinion

Migration Regulations 1994 (Cth), sch 4 cl 4005

Blair v Minister for Immigration and Multicultural Affairs [2001] FCA 1014 cited Bui v Minister for Immigration and Multicultural Affairs (1999) 85 FCR 134 cited Imad v Minister for Immigration and Multicultural Affairs [2001] FCA 1011 cited Minister for Immigration and Multicultural Affairs v Seligman (1999) 85 FCR 115 discussed X v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 959 of 2003 FINKELSTEIN J 15 APRIL 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 959 of 2003

BETWEEN: X

Prosecutor

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 15 APRIL 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Order absolute that a writ of certiorari issue to the Migration Review Tribunal removing into this Court and quashing the decision of the Migration Review Tribunal given on 11 September 2001. 2. Order absolute that a writ of mandamus issue to the Migration Review Tribunal directing it to hear and determine the matter in accordance with law. 3. The respondent pay the prosecutor's taxed costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 959 of 2003

BETWEEN: X

Prosecutor

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: FINKELSTEIN J