Federal Court of Australia
JUDGMENT No. soot 24.
CATCHWORDS IMMIGRATION - judicial review of Refugee Review Tribunal - application for refugee status - applicant a citizen of the
People's Republic of China - applicant designated as belonging to "landowner class" - subjected to discrimination in employment and establishing a family until 1982 - involvement in Australia with Chinese pro-democracy organisation - whether applicant has well-founded fear of persecution on return to China - Tribunal's consideration of changed conditions in China and applicant's history - whether error in failing to consider incidents in applicant's history cumulatively - whether relevant that
applicant will avoid persecution by not speaking out - whether
speculative findings made.
Administrative Decisions (Judicial Review) Act 1977
Migration Act 1958, ss 166BA, 166BAA and 166BB
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (Full Court, unreported, 28 November 1994)
Chen v The Minister for Immigration and Ethnic Affairs No. WAG 62 of 1994
Judge: Heerey J Place: Melbourne (heard in Perth) Date: 14 December 1994
RECEIVED 15 DEC 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
N THE FEDE T OF AUSTRALIA
VICTORIA DISTRICT REGISTRY ) No. WAG 62 of 1994 ) GENERAL DIVISION )
BETWEEN:
RU_MET CHEN
Applicant ~ and -
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
First Respondent - and -
REFUGEE REVIEW TRIBUNAL Second Respondent
JUDGE: Heerey J
DATE: 14 December 1994 PLACE: Melbourne (heard in Perth)
MINUTE OF ORDER
The Court orders that the application for review be dismissed,
with costs, including reserved costs.
N FEDE T OF AUSTRALIA
VI RIA DISTRICT REGISTRY NE. DIVISION
No. WAG 62 of 1994
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BETWEEN:
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