Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 34

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 34 IMMIGRATION LAW - Chinese national - deprivation of household registration due to political beliefs - consequences of deprivation of household registration - findings of fact as to consequences - application for review under s 476(1)(g) - whether there was evidence or other material to justify the making of the decision. Migration Act 1958 (Cth)ss 476(4)(a), 474(4)(b), 476(1)(g) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(h) and s 5(3) Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 applied Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 considered Szelagowicz v Stocker (1994) 35 ALD 16 considered Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511 followed Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414 followed Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 applied Xiang Sheng Li v Refugee Review Tribunal (1996) 45 ALD 193 applied Feliciano v Minister for Immigration and Ethnic Affairs (1996) 43 ALD 1 applied Malik v Minister for Immigration and Ethnic Affairs (1997) 47 ALD 27 applied Adams v Minister for Immigration and Multicultural Affairs (1998) 70 FCR 591 applied

DEQING CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 530 of 1998

MOORE, MANSFIELD & EMMETT JJ

SYDNEY

3 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 530 of 1998

BETWEEN: DEQING CHEN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: moore, MANSFIELD & emmett jj DATE OF ORDER: 3 FEBRUARY 1999 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Appeal dismissed. 2. Appellant pay to respondent costs of the appeal to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.