Shen, X.M. v The Minister for Immigration & Ethnic Affairs [1995] FCA 624

Federal Court of Australia

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C A T C H W O R D S MIGRATION - refugee - characterisation - whether relevant factors not taken into account - whether irrelevant factors taken into account - nature of judicial review process - challenge to merits of decision - distinction between consideration of evidence and taking into account relevant factors. Migration Act 1958 Administrative Decisions (Judicial Review) Act 1977 Chan Yee Kin v. Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Morato v. Minister for Immigration Local Government and Ethnic Affairs (1992) 39 FCR 401 Kashayev v. Minister for Immigration and Ethnic Affairs and Refugee Review Tribunal (unrep. Fed. Court 24 May 1994, Northrop J) Minister for Aboriginal Affairs v. Peko Wallsend (1986) 162 CLR 24 Sean Investments Pty Ltd v. MacKellar (1981) 38 ALR 363 Li Shi Ping v. Minister for Immigration Local Governemtn and Ethnic Affairs (1995) 35 ALD 225 XIE, MIAN SHEN v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NO. WAG 125 OF 1994 FRENCH J. PERTH 9 AUGUST 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 125 OF 1994 B E T W E N: XIE, MIAN SHEN Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 9 AUGUST 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of the application. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 125 OF 1994 B E T W E N: XIE, MIAN SHEN Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: FRENCH J. PLACE: PERTH DATE: 9 AUGUST 1995 REASONS FOR JUDGMENT Factual Background On 28 May 1994, Mian Shen Xie, a national of the Peoples Republic of China arrived by boat at the Australian Territory of Christmas Island. He had no authorisation to enter Australia and was taken into custody under the provisions of the Migration Act 1958. He was held at the Port Hedland Detention Centre where he currently resides. He was not granted an entry permit. On 9 June 1994, Mr Xie made an application for refugee status which was received by the Department of Immigration and Ethnic Affairs on 13 June 1994. The application disclosed that he had departed China on 29 April 1994. It was supported by a letter dated 1 July 1994 subsequently sent to the Department by Mr Denis Crook, a legal practitioner and migration agent based in Port Hedland. On 6 July 1994, Catharina Boer, a delegate of the Minister for Immigration and Ethnic Affairs found that Mr Xie was not a

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IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 125 OF 1994 B E T W E N: XIE, MIAN SHEN Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 9 AUGUST 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of the application. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 125 OF 1994 B E T W E N: XIE, MIAN SHEN Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: FRENCH J. PLACE: PERTH DATE: 9 AUGUST 1995 REASONS FOR JUDGMENT Factual Background On 28 May 1994, Mian Shen Xie, a national of the Peoples Republic of China arrived by boat at the Australian Territory of Christmas Island. He had no authorisation to enter Australia and was taken into custody under the provisions of the Migration Act 1958. He was held at the Port Hedland Detention Centre where he currently resides. He was not granted an entry permit. On 9 June 1994, Mr Xie made an application for refugee status which was received by the Department of Immigration and Ethnic Affairs on 13 June 1994. The application disclosed that he had departed China on 29 April 1994. It was supported by a letter dated 1 July 1994 subsequently sent to the Department by Mr Denis Crook, a legal practitioner and migration agent based in Port Hedland. On 6 July 1994, Catharina Boer, a delegate of the Minister for Immigration and Ethnic Affairs found that Mr Xie was not a

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