Zheng v Minister for Immigration & Multicultural Affairs [1999] FCA 731

FEDERAL COURT OF AUSTRALIA

Zheng v Minister for Immigration & Multicultural Affairs [1999] FCA 731 MIGRATION – application for review of decision of Refugee Review Tribunal ("the RRT") – whether failure to make findings on material questions of fact – where ambiguous findings on sanctions suffered in past – whether subsequent error of law in finding absence of persecution – whether RRT properly addressed the question whether there was a real chance of persecution for a Convention reason – Catholic practising in the non-official underground Catholic Church WORDS AND PHRASES - "material question of fact", "persecution", "real chance test" 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees Article 1A(2) Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a), 476(1)(e) Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24, applied Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 62 FCR 402, applied Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567, followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, applied MING XIONG ZHENG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 1126 OF 1998 TAMBERLIN J SYDNEY 4 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1126 OF 1998

BETWEEN: MING XIONG ZHENG

Applicant

AND: MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 4 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for review is granted. 2. The decision of the Refugee Review Tribunal is set aside and the matter is remitted to the Refugee Review Tribunal for consideration in accordance with law. 3. The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.