Federal Court of Australia
JUDGMENT No. sent Quant <h..
CATCHWORDS
ADMINISTRATIVE LAW - IMMIGRATION LAW - application for refugee status - whether review delegate should have held oral hearing - incorrect translation of significant answer - incomplete record of interview - whether procedural unfairness - primary decision-makers failed to put material, upon which they relied, to applicants - failure cured by review process - whether review delegate obliged to take into account certain cables and opinions concerning conditions in China - applicants took part in protest at departmental detention centre - protest attracted considerable publicity - whether that protest had to be taken into account - application to adduce new
evidence - whether Court should itself make declaration of refugee status.
Migration Act 1958 (Cth) ss.4, 22AA, 39, 411, 413
Chen Zhen Zi v. Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 591
Sean Investments Pty Ltd v. MacKellar (1981) 38 ALR 363
Minister for Aboriginal Affairs v. Peko-Wallsend Ltd (1986) 162 CLR 24
Brown v. Dunn (1894) 6 R 67 (HL)
Seymour v. Australian Broadcasting Commission (1977) 19 NSWLR 219
R. v. Birks (1990) 19 NSWLR 677
Sordini v. Wilcox (1983) 70 FLR 236
Minister for Immigration and Ethnic Affairs v. Conyngham (1986) 11 FCR 528
LI SHI PING and LIU XIU LING v. MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS WAG 98 of 1994
CORAM: SHEPPARD, GUMMOW & CARR JJ. PLACE: PERTH
DATE: 28 NOVEMBER 1994 RECEIVED
29 NOV 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
IN THE FEDERAL COURT) OF AUSTRALIA )
WESTERN AUSTRALIA ) No. WAG 98 of 1994
DISTRICT REGISTRY )
GENERAL DIVISION )
BETWEEN: LI SHI PING and LIU XIU LING
Appellants
and
MINISTER FOR IMMIGRATION, LOCAL GOVERNMENT AND ETHNIC AFFAIRS
Respondent
CORAM: SHEPPARD, GUMMOW & CARR JJ. PLACE: PERTH
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