Federal Court of Australia
Federal Court of Australia
Salma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 356 Appeal from: Salma & Ors v Minister for Immigration & Anor [2019] FCCA 3646
File number(s): NSD 18 of 2020
Judgment of: BURLEY J
Date of judgment: 20 April 2023
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the appellants temporary graduate visas – temporary graduate visas – application of Public Interest Criterion 4005 – whether primary judge erred in not finding that the decision of the Tribunal was affected by jurisdictional error as it was based upon a defective opinion of a Medical Officer of the Commonwealth – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 65(1)(a) National Disability Insurance Scheme Act 2013 (Cth) Social Security Act 1991 (Cth) Migration Regulations 1994 (Cth) reg 2.25A(1), reg 2.25A(3), Schedule 2, cll 485.216(1), 485.216(3), Schedule 4, Public Interest Criterion 4005 Migration (Excluded health care and community services) Instrument (LIN 22/014) 2022 Migration Regulations 1994 – Visa Subclasses for the Purposes of the Health Requirement 2016/067 (IMMI 16/067) Migration Regulations 1994 – Specification of Health Care and Community Services (IMMI 11/073)
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