Xiong, Wu Guo & Anor v Minister for Immigration & Multicultural Affairs [1997] FCA 76

C A T C H W O R D S IMMIGRATION - refugees - refusal of refugee status by Refugee Review Tribunal - whether applicants had a well-founded fear of persecution on Convention grounds if returned to China - illegal departure from China - whether such departure amounts to statement of political opinion - Tribunal found that there was no prospect that, if returned to China, either applicant would be punished in harsh or oppressive manner for illegal departure - whether any error of law. Migration Act 1958 ss.31(3), 36(2) Migration Regulations Schedule 2 clause 866 Minister for Immigration & Ethnic Affairs v. Wu Shan Liang (1996) 136 ALR 481 WU GUO XIONG & ANOR v. MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS No. WAG 92 of 1995 LEE, CARR & R.D.NICHOLSON JJ. PERTH 19 FEBRUARY 1997

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 92 of 1995 GENERAL DIVISION ) On appeal from a Judge of the Federal Court of Australia B E T W E E N : WU GUO XIONG & ANOR Appellants and MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS Respondent CORAM: LEE, CARR & R.D.NICHOLSON JJ. PLACE: PERTH DATE: 19 FEBRUARY 1997 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the respondent's costs of the appeal. 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 92 OF 1995 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA B E T W E E N: WU GUO XIONG First Appellant and JIAN XIU FENG Second Appellant and THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent CORAM: LEE, CARR, R D NICHOLSON JJ DATE : 19 FEBRUARY 1997 PLACE: PERTH REASONS FOR JUDGMENT LEE J: The relevant facts in this matter are set out in the reasons for judgment prepared by Carr J. The application for review as argued before the primary Judge relied upon the following grounds: "4(i) The persecution feared by the First Applicant results from the Applicants' membership of the social group of persons persecuted by reason of being unwilling to comply with China's one-child family policy and therefore is persecution for reasons within the ambit of the Refugees Convention.