Minister for Immigration & Ethnic Affairs v. A & Ors [1994] FCA 1024

JUDGMENT No. LOR tp I

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CATCHWORDS

IMMIGRATION LAW - refugees - refugee status - Refugee Review Tribunal decision declaring refugee status for Chinese nationals with a well-founded fear of forced sterilisation under the Chinese government's "one child" policy - claim to "membership of a particular social group" ~- whether membership requires an associational interest - whether a particular social group can be defined by government policies and practices, including persecution.

IMMIGRATION LAW - refugees - refugee status - persecution - complicity of the State ~- whether Refugee Review Tribunal failed to find that the persecution feared was a consequence of the national government condoning or failing to prevent forced sterilisation.

Migration Act 1958, s 4

Convention Relating to the Status of Refugees, 1951, Article

1A(2)

Protocol Relating to the Status of Refugees, 1967.

Cheung v Minister of Employment and Immigration (1993) 102 DLR (4th) 214

Kashayev v Minister for Immigration and Ethnic Affairs (1994) 122

ALR 503

Matter of Acosta, unreported, Interim Decision, 2986, 1 March Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401 Re _ Attorney-General_of Canada and Ward (1993) 103 DLR (4th) 1

Sanchez-Trujillo of Immigration and Naturalization Service 801 F 2d 1571 (1986)

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS v RESPONDENT A AND ORS No. NG 327 of 1994

Sackville J. 6 December 1994 Sydney.

A RECEIVED 22 DEC 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 327 of 1994

GENERAL DIVISION )

-—

BETWEEN:

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Applicant

AND:

RESPONDENT A First Respondent

RESPONDENT B Second Respondent

JANET WOOD,

MEMBER, THE REFUGEE REVIEW TRIBUNAL

Third Respondent