Robinson v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1626

FEDERAL COURT OF AUSTRALIA

Robinson v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1626

MIGRATION – visa application – Public Interest Criterion 4005 in Schedule 4 of the Migration Regulations 1994 (Cth) – whether health criteria satisfied – provision of opinion by Medical Officer of the Commonwealth to the Migration Review Tribunal – Minister required by reg 2.25A(3) to take opinion to be 'correct' in deciding whether person satisfies the criteria – whether Migration Review Tribunal erred in taking opinion to be correct – application allowed

Migration Act 1958 (Cth), ss 29, 31, 31(3), 60, 65

Migration Regulations 1994 (Cth), reg 2.25A, reg 2.25A(3), Sched 2 Item 855.225, Sched 4 Public Interest Criterions 4005, 4005(a), 4005(c)

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162, [2005] HCA 24 applied Weinberg, Ferrez [1999] MRTA 731 cited Minister for Immigration and Multicultural Affairs v Seligman (1999) 85 FCR 115 followed X v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 429 not followed Imad v Minister for Immigration and Multicultural Affairs [2001] FCA 1011 cited Inguanti v Minister for Immigration and Multicultural Affairs [2001] FCA 1046 cited Blair v Minister for Immigration and Multicultural Affairs [2001] FCA 1014 cited Re Refugee Tribunal; Ex parte Aala (2004) 204 CLR 82 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Lu v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 340 applied VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 applied TRACEY ANN ROBINSON v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL WAD 293 OF 2004