Xiong, Wu Guo & Anor v The Minister for Immigration & Ethnic Affairs [1995] FCA 595

CATCHWORDS ADMINISTRATIVE LAW - application to review decision of Refugee Review Tribunal - whether applicants entitled to protection as refugees under Migration Act 1958 (Cth) - whether protection visas should be granted - whether decision of Tribunal reasonably open to it on the material before it. IMMIGRATION LAW - refugee status - whether well-founded fear of persecution as a result of illegal departure from China - effect of applicant being an organiser of departure - whether likely punishment for illegal departure constitutes persecution for reasons of political opinion - whether departure an expression of political opinion. Migration Act 1958 (Cth) Minister for Immigration and Ethnic Affairs v Respondent "A" and Respondent "B" and Janet Wood, The Refugee Review Tribunal (Full Federal Court, unreported, 16 June 1995) C, LJ & Z v Minister for Immigration and Ethnic Affairs & Ors (unreported, O'Loughlin J, 30 March 1995) The Law of Refugee Status, James Hathaway, Butterworths Canada Ltd, 1991 "The 1951 Convention Definition of Refugee : An Appraisal with Particular Reference to the Case of Sri Lankan Tamil Applicants", Patricia Hyndman, (1987) 9 Human Rights Quarterly 49. DECISION OF REFUGEE REVIEW TRIBUNAL DATED 12 APRIL 1995 TO BE REVIEWED WU GUO XIONG AND JIAN XIU FENG v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No WG 41 of 1995 Tamberlin J Sydney 9 August 1995

IN THE FEDERAL COURT OF AUSTRALIA) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No WG 41 of 1995 GENERAL DIVISION ) DECISION OF REFUGEE REVIEW TRIBUNAL DATED 12 APRIL 1995 TO BE REVIEWED BETWEEN: WU GUO XIONG First Applicant JIAN XIU FENG Second Applicant AND THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS First Respondent JILL TOOHEY Second Respondent CORAM: TAMBERLIN J PLACE OF HEARING: PERTH PLACE OF JUDGMENT:SYDNEY DATED: 9 AUGUST 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs of this application. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.