Koe, Tjhe Kwet v Minister for Immigration & Ethnic Affairs & Ors [1997] FCA 912

CATCHWORDS MIGRATION - application for review of decision of Refugee Review Tribunal ("RRT") that applicant is not a refugee - RRT found Hong Kong to be applicant's place of former habitual residence - whether error of law - whether RRT erred in finding Hong Kong was the applicant's country of former habitual residence - whether "country" means sovereign state - consideration of the meaning of "country" - principles of interpretation of treaties - whether RRT failed to act according to substantial justice and merits of the applicant's case - whether RRT gave genuine consideration to particular circumstances of the applicant's case - whether RRT correctly interpreted the expressions "real chance" and "well-founded fear" - whether conclusion available on the evidence. Migration Act 1958 (Cth), ss 36, 420 Convention Relating to the Status of Refugees, Art 1A Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied Maarouf v Minister of Employment and Immigration (unreported, 13 December 1993, Trial Division, Federal Court of Canada), cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331, applied Jong Kim Koe v Minister for Immigration and Multicultural Affairs (1997) 143 ALR 695, cited Reel v Holder [1979] 3 All ER 1041, applied Reel v Holder [1981] 3 All ER 321, applied Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, cited Eshetu v Minister for Immigration and Ethnic Affairs (1997) 145 ALR 621, cited TJHE KWET KOE v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS, REFUGEE REVIEW TRIBUNAL AND SUSAN McILLHATTON NG 188 OF 1995 TAMBERLIN J SYDNEY 8 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG. 188 of 1995 ) GENERAL DIVISION )