He, Chen Xin v The Minister for Immigration & Ethnic Affairs [1995] FCA 954

CATCHWORDS IMMIGRATION - refugee status - protection visa - whether Tribunal in error of law in refusing visa - whether took into account irrelevant considerations - whether failed to take into account relevant considerations - whether decision unreasonable - whether decision unsupported by evidence - whether no foundation for Tribunal not accepting subjective evidence because of inconsistency with objective evidence Migration Act 1958 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 CHEN XIN HE v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NO. WAG 124 of 1994 JUSTICE R D NICHOLSON PERTH 23 NOVEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO. WAG 124 OF 1994 B E T W E E N: CHEN XIN HE Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTE OF ORDER JUDGE MAKING ORDER: JUSTICE R D NICHOLSON DATE OF ORDER: 23 NOVEMBER 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: (1) The application be dismissed. (2) The applicant pay the respondent's costs. 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 124 OF 1994 B E T W E E N CHEN XIN HE Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: JUSTICE R D NICHOLSON DATE: 23 NOVEMBER 1995 PLACE: PERTH REASONS FOR JUDGMENT R D NICHOLSON J: The applicant seeks review of a decision by the Refugee Review Tribunal made on 4 October 1994 in which the Tribunal affirmed the decision under review to the effect that a protection visa not be granted to the applicant. The appeal arises pursuant to the Migration Act 1958 and it is not disputed that it is properly brought. The grounds of appeal, as will be seen, are directed to the manner in which the Tribunal dealt with the evidence before it. It is therefore appropriate to recount the facts as found by the Tribunal. The applicant, a national of the People's Republic of China ("PRC"), arrived in Australia by boat on 28 May 1994. On arrival he was taken from the boat into custody as an unprocessed person under the provisions of Div4A of PtII of the Migration Act 1958 as in force before 1 September 1994. He was not granted an entry permit and, under the provisions then pertaining, was taken not to have entered Australia. He remains in custody.