Federal Court of Australia
JUDGMENT No. A Lesdy {G.
CATCHWORDS
IMMIGRATION - refugee status - well-founded fear of persecution for reasons of political opinion of refugee must motivate persecution feared - Refugee Review Tribunal -
grounds of review - whether error of law.
Migration Act 1958 s.29, 5.36 Judiciary Act 1903 s.44
Minister for Immigration and Ethnic Affairs v. Respondent _A and Others (1995) 130 ALR 48
Ram v. Minister for Immigration and Ethnic Affairs (1995) 130 ALR 314 . Attorney-General (Canada) v. Ward (1993) 102 DLR (4th) 1
Wu Guo Ziong and Jian Xiu Feng v. The Minister for Immigration and Ethnic Affairs (unrep. Fed Court, Tamberlin J, 9 August 1995)
MAI XIN LU v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NO. WAG 56 of 1995
FRENCH J. PERTH 19 JULY 1996
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 56 of 1995
BETWEEN: MAI XIN LU Applicant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 19 July 1996 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant to 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
BETWEEN:
CORAM: FRENCH J. ] PERTH 19 JULY 1996
No. WAG 56 of 1995 MAI XIN LU Applicant
and
THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
REASONS FOR JUDGMENT
Tribunal which has, in effect, rejected an application for refugee status by a Chinese national and his family. The applicant left the Peoples Republic of China contrary to the laws of that country and travelled to Australia with his family on a boat which he helped to acquire for that purpose. He arrived in Australia without travel documents and sought refugee status on a variety of grounds including grounds relating to the harassment of his family because of money owing by his deceased father-in-law, uninvestigated theft and criminal threats against his family, the operation of the Chinese one child family policy,
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