Minister for Immigration & Multicultural Affairs v Chen Shi Hai [1999] FCA 381

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Chen Shi Hai

[1999] FCA 381 IMMIGRATION – refugees – membership of a particular social group – Peoples Republic of China – marriage and family planning laws – applicant an illegitimate third child – finding of facts amounting to persecution – whether persecution by reason of membership of particular social group – whether sufficient causal connection between persecution and such alleged membership – whether impermissible recourse to such persecution required before particular social group could be identified.

Migration Act 1958 (Cth), s. 29 Ram v Minister for Immigration and Ethnic Affairs (1995) 130 ALR 314 referred to Jahazi v Minister for Immigration and Ethnic Affairs (1995) 133 ALR 437 approved Amanyar v Minister for Immigration and Ethnic Affairs (1995) 63 FCR 194 referred to Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331 followed Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 referred to March v Stramare (E & M H) Pty Ltd (1991) 171 CLR 506 applied Rohner v Minister for Immigration and Ethnic Affairs (Federal Court of Australia, 24 August 1998, No 1006 of 1998) referred to Environmental Agency (formerly National Rivers Authority) v Empress Car Co (Abertillery) Ltd [1998] 2 WLR 350 applied Cheung v Minister of Employment and Immigration (1993) 102 DLR (4th)) 214 not followed "Applicant A" v Minister for Immigration and Ethnic Affairs 142 ALR 331 applied Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409 applied

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v CHEN SHI HAI (AN INFANT) BY HIS NEXT FRIEND CHEN REN BING WAG 78 of 1998 O'LOUGHLIN, CARR J & R D NICHOLSON JJ 13 APRIL 1999 PERTH