Hong, Ye v Minister for Immigration & Multicultural Affairs [1998] FCA 1356

FEDERAL COURT OF AUSTRALIA MIGRATION – refugee – whether well-founded fear of persecution – political opinion – one-child policy – participation in protest – coercive nature of one-child policy – adverse treatment at place of employment – whether discriminatory disadvantages in employment amount to persecution – socio-economic human right – matter of fact and degree – whether inability to suppress views can amount to well-founded fear of persecution – view point of a medical practitioner and a woman of child bearing age – whether expression of an objection to one-child policy can amount to political opinion.

1951 Convention Relating to the Status of Refugees as Amended by the 1967 Protocol Relating to the Status of Refugees

Ji Kil Soon v Minister for Immigration and Ethnic Affairs (1994) 37 ALD 609, followed Helena Olearczyk v Minister of Employment and Immigration (1990), 8 Imm. l r. (2d) 18, applied Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260, followed R v Immigration Appeal Tribunal ex parte Daniel Boahin Jonah [1985] Imm AR 7, followed Randhawa v The Minister for Immigration (1994) 52 FCR 437, cited

James Hathaway, "The Law of Refugee Status", Butterworths, Canada 1991 Mary Crock, Immigration & Refugee Law in Australia, Federation Press 1998. YE HONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 450 OF 1997

TAMBERLIN J SYDNEY 2 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 450 of 1997

BETWEEN: YE HONG

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 2 OCTOBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.