Rong, Guo Wei v Minister for Immigration & Ethnic Affairs & Ors [1995] FCA 283

CATCHWORDS ADMINISTRATIVE LAW - Migration Act 1958 - Refugee Review Tribunal - whether error of law - evidence to support finding that detention was not by reason of political activities - failure by Tribunal to mention evidence - does not necessarily indicate unreasonableness or failure to take into account relevant considerations - Tribunal's assessment of credit of witness not unreasonable - Court cannot substitute its view of a witness' credibility for that expressed by the Tribunal in the absence of an error of law - procedural fairness - no denial of procedural fairness where applicant for refugee status not immediately informed of entitlement to seek legal advice and representation - extent of entitlement to representation before Tribunal - no reasonable apprehension of bias on the part of the Tribunal. IMMIGRATION LAW - Refugee status - well-founded fear of persecution - a "real chance" of persecution - factual finding not disturbed. IMMIGRATION LAW - Withdrawal of children's application for refugee status - effect on other proceedings in which children are nominated as dependants - procedural fairness - obligation to give opportunity to argue the effect of the withdrawal. Administrative Decisions (Judicial Review) Act 1977, ss 5(a),(e),(f),(h), (2)(b),(g). Migration Act 1958, ss 22AA, 54L, 54P, 96, 166DD(6), 166E(1). Convention Relating to the Status of Refugees, Art. 1A(2). Attorney-General (NSW) v Quin (1990) 170 CLR 1 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 379 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Dornan v Riordan (1990) 24 FCR 564 Haoucher v Minister of State for Immigration and Ethnic Affairs (1990) 169 CLR 648 Huntley v Attorney-General for Jamaica [1995] 1 All ER 308; [1995] 2 WLR 114 Independent FM Radio Pty Ltd v Australian Broadcasting Tribunal (1989) 3 BR 458 Kioa v West (1985) 159 CLR 550