Chen, Deqing v Minister for Immigration & Multicultural Affairs [1998] FCA 287

FEDERAL COURT OF AUSTRALIA

IMMIGRATION LAW - Migration Act 1958 (Cth) - review of decision of Refugee Review Tribunal refusing the applicant a protection visa - applicant deprived of his household registration or "hukou" - finding by Tribunal that the applicant could recover his hukou if he returned to China - finding by Tribunal that the applicant was able to avoid the consequences of being without hukou - whether no evidence upon which the Tribunal could base such findings.

Migration Act 1958 (Cth), ss 420, 476(1)(a), 476(1)(g), 476(4)

Akers v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 363, cited

Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, cited Tho Xuan Doan v Minister for Immigration, Local Government and Ethnic Affairs (Olney J, 9 April 1997, unreported), cited Szelagowicz v Stocker (1994) 35 ALD 16, cited Xiang Sheng Li v Refugee Review Tribunal (1996) 45 ALD 193, cited Feliciano v Minister for Immigration and Ethnic Affairs (1996) 43 ALD 1, cited

Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300, followed

DEQING CHEN v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 520 of 1997

BRANSON J

SYDNEY

31 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 520 of 1997

BETWEEN: DEQING CHEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE(S): BRANSoN J

DATE OF ORDER: 31 MARCH 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal be affirmed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 520 of 1997

BETWEEN: DEQING CHEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS