Hai, Chen Shi (an Infant) by his next friend Bing, Chen Ren v The Minister for Immigration & Multicultural Affairs [1998] FCA 622

FEDERAL COURT OF AUSTRALIA IMMIGRATION - refugees - membership of a particular social group - Peoples Republic of China - one child policy - illegitimate third child - findings of fact amounting to persecution - necessity for persecution for reasons of membership of a particular social group - elements of causal connection - whether well founded fear subjective reality - whether child excluded from well founded fear. Migration Act 1958 s 29, s 476 Migration Regulations Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, discussed Jahazi v Minister for Immigration and Ethnic Affairs (1995) 133 ALR 437, discussed Amanyar v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 194, cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331, discussed Elna Australia Pty Ltd v International Computers (Australia) Pty Ltd (1987) 16 FCR 410, cited March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506, cited Lamb v Minister for Immigration (1995) 57 FCR 565, discussed CHEN SHI HAI (AN INFANT) BY HIS NEXT FRIEND CHEN REN BING v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WG 112 OF 1997 FRENCH J PERTH 5 JUNE 1997

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY WG 112 of 1997

B E T W E E N: chen shi hai (an infant) by his next friend

chen ren bing

applicant

and the minister for immigration and

multicultural affairs

respondent

JUDGE: FRENCH j

DATE OF ORDER: 5 JUNE 1998

WHERE MADE: perth

THE COURT ORDERS THAT: 1. The matter is remitted to the Tribunal to be dealt with on the basis that the applicant is entitled to refugee status. 2. The respondent to pay the applicant'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