Chen v Minister for Immigration & Multicultural Affairs [1999] FCA 1022

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs

[1999] FCA 1022 MIGRATION – review of a decision of the Refugee Review Tribunal ("the RRT") – whether the RRT erred in failing to give genuine consideration as to whether the applicant had a well founded fear of persecution by virtue of being imputed with an adverse political opinion – whether the RRT erred in failing to properly consider whether the applicant had a prospective well founded fear of persecution if returned to Taiwan – whether the RRT erred in failing to conduct further inquiries Migration Act 1958 (Cth) Part 8, s420(1) Tjhe Kwet Koe v Minister for Immigration and Ethnic Affairs & Ors, Tamberlin J, 8 September 1997, unreported, referred to

Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, applied

Ranwalage v Minister for Immigration and Multicultural Affairs (1998) 159 ALR 349, referred to Emiantor v Minister for Immigration and Multicultural Affairs (Olney, Sundberg and Marshall JJ, 20 July 1998, unreported), referred to WEI-TE CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V 125 OF 1999 MARSHALL J MELBOURNE 3 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V125 OF 1999

BETWEEN: WEI-TE CHEN

Applicant

AND: MINISTER FOR IMMIGRATION and MULTICULTURAL AFFAIRS

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 3 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay the respondents costs, including reserved costs, if any. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V125 OF 1999

BETWEEN: WEI-TE CHEN

Applicant