Min Hua Wang v Minister for Immigration & Multicultural Affairs [1997] FCA 372

CATCHWORDS JUDICIAL REVIEW - application for refugee status - Convention and Protocol Relating to the Status of Refugees - test for "well-founded fear of persecution " - whether there is a real chance of selective harassment of applicant on grounds of political views - definition of persecution Article 1,A(2) of the Convention and Protocol Relating to the Status of Refugees MIN HUA WANG v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No. VG 387 of 1996 SPENDER J BRISBANE (heard in Melbourne) 13 May 1997

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 387 of 1996 GENERAL DIVISION BETWEEN: MIN HUA WANG Applicant AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent CORAM: Spender J PLACE: Brisbane (heard in Melbourne) DATE: 13 May 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the respondent to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 387 of 1996 GENERAL DIVISION BETWEEN: MIN HUA WANG Applicant AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent CORAM: Spender J PLACE: Brisbane (heard in Melbourne) DATE: 13 May 1997 REASONS FOR JUDGMENT This is an application under Part 8 of the Migration Act 1958 ('the Act') to review a decision of the Refugee Tribunal ('the Tribunal') constituted by Mr R S Lancy, which decision affirmed the decision of the primary decision-maker to refuse the grant of a protection visa to Mr Wang. The Tribunal decided that the criterion under s 36(2) of the Act for the grant of a protection visa, (which requires the applicant to be a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees ('the Convention') done at Geneva on 28 July 1951, as amended by the Protocol Relating to the Status of Refugees ('the Protocol') done at New York on 31 January 1967) was not satisfied. In terms of Article 1, A(2) of the Convention and Protocol, Australia has protection obligations to any person who: