Wu, Liang v Minister for Immigration & Multicultural Affairs [1998] FCA 1433

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 693 of 1998

BETWEEN: LIANG WU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 30 october 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal given on 12 June 1998 be affirmed. 2. The applicant pay the respondent's costs. 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 693 of 1998

BETWEEN: LIANG WU

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LINDGREN J

DATE: 30 OCTOBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT (ex tempore)

INTRODUCTION The applicant applies for review of a decision of the Refugee Review Tribunal ("RRT") given on 12 June 1998 affirming a decision of a delegate of the respondent Minister not to grant the applicant a protection visa.

PROCEDURAL BACKGROUND The applicant arrived in Australia on 30 May 1995. By an application bearing date 22 June 1995, lodged on 23 June 1995, he applied for a Protection Visa (866). In order to be entitled to protection it was necessary that he fall within the definition of "refugee" in article 1A(2) of the 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees (collectively, "the Convention"). The Convention defines a "refugee" as a person who: "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it." The applicant is a citizen of the People's Republic of China ("PRC") and his case was and is that, owing to well-founded fear of being persecuted for reasons of political opinion, he is outside the country of his nationality, and is, owing to such fear, unwilling to avail himself of the protection of that country. The applicant was interviewed on 1 October 1996. On 23 January 1997, a delegate of the Minister decided to refuse the application for a visa. On 25 February 1997, the applicant applied to the Refugee Review Tribunal ("RRT") for review of the delegate's decision. There was a hearing on 8 May 1998 and, as I said earlier, the RRT's decision adverse to the applicant was given on 12 June 1998.