Lo, Fu Shuang v Minister for Immigration and Ethnic Affairs [1995] FCA 1007

CATCHWORDS IMMIGRATION - Refugee status - claim to "membership of a particular social group" - Convention Relating to the Status of Refugees - Protocol Relating to the Status of Refugees - applicant hepatitis B sufferer - whether member of a "particular social group" as a result of PRC's Law on Maternal Infant Health Care - whether hepatitis B sufferers a "cognisable group" - whether member of a social group because of what one is or what one does - whether a member of a statistical group - whether group too arbitrary, flexible. ADMINISTRATIVE LAW - application to review decision of the Refugee Review Tribunal that the applicant not be granted a protection visa. Migration Act 1958 (Cth) s 5(9), s 26B Migration Reform Act (No 184 of 1992) s 10, s 39 Convention Relating to the Status of Refugees (1951) Protocol Relating to the Status of Refugees (1967) Universal Declaration of Human Rights, Article 16 International Covenant on Civil and Political Rights, Article 23 "Law on Maternal, Infant Health Care, Aims to Improve the Quality of Births", BBC Monitoring Service, 3 November 1994. Hathaway, JC; The Law on Refugee Status (1991) United Nations High Commissioner for Refugees; Handbook on Procedures and Criteria for Determining Refugee Status (1979)

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 Ram v Minister for Immigration and Ethnic Affairs & Anor (1995) 130 ALR 314 Matter of Acosta, Interim Decision 2986, March 1, 1985 Sanchez-Trujillo v I.N.S. 801 F. 2d 1571 (9th Cir. 1986) Re Attorney-General of Canada v Ward (1993) 103 DLR (4th) 1 Minister for Immigration and Ethnic Affairs v Respondent A and Ors (1995) 130 ALR 48 Helvering v Gregory 69 F. 2d. 809 LO, FU SHUANG v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No WAG 144 of 1994 Tamberlin J Sydney 13 December 1995