Xie, Guo Zhong v The Minister for Immigration & Ethnic Affairs [1995] FCA 1044

CATCHWORDS IMMIGRATION - Refugee status - whether well-founded fear of persecution for reasons of political opinion - Convention Relating to the Status of Refugees - Protocol Relating to the Status of Refugees - applicant is a State cadre - whether "well-founded fear" - genuine subjective fear with factual or objective basis for that fear - whether "real chance" of persecution - whether persecution "harsh or oppressive" - whether persecution for Convention reason - whether mere illegal departure gives rise to refugee status - whether illegal departure of State cadre is implicit display of political opinion. ADMINISTRATIVE LAW - application to review decision of Refugees Review Tribunal (Tribunal) that applicant not be granted a protection visa - whether the Tribunal asked the correct question - whether finding so unreasonable, no Tribunal could have reached that conclusion - whether no evidence on which Tribunal could reach conclusion - whether Tribunal failed to take material into account - whether Tribunal justified in reaching its decision. Migration Act 1958 (Cth) Convention Relating to the Status of Refugees (1951) Protocol Relating to the Status of Refugees (1967) Hathaway, JC; The Law of Refugee Status (1991) Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Wu & Feng v Minister for Immigration and Ethnic Affairs, 9 August 1995, Tamberlin J, unreported. XIE, GUO ZHONG v THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS No WAG 40 of 1995 Tamberlin J Sydney (Heard in Perth) 21 December 1995

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 40 of 1995 GENERAL DIVISION ) BETWEEN: XIE, GUO ZHONG Applicant AND: THE MINISTER FOR IMMIGRATION & ETHNIC AFFAIRS First Respondent PAUL FERGUS Second Respondent CORAM: TAMBERLIN J PLACE OF HEARING: PERTH JUDGMENT DELIVERED:SYDNEY DATED: 21 DECEMBER 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs of the application. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.