Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tjhia v Minister for Immigration & Multicultural Affairs [1999] FCA 1174 MIGRATION – application for review of Refugee Review Tribunal ("RRT") decision refusing grant of protection visa –– whether there was an error of law – whether RRT decision-maker incorrectly interpreted the applicable law –– whether the findings were open to the decision-maker –– where the findings were of fact and degree – where the applicant was a member of the Chinese ethnic community living in Indonesia WORDS AND PHRASES – "persecution" Migration Act 1958 (Cth) ss 36(2) and 476(1)(e) 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees, Article 1A(2) RRT matter, No. V97/07946, cited Periannan Murugasu v Minister for Immigration and Ethnic Affairs (unreported, 28 July 1987), followed Minister for Immigration & Multicultural Affairs v Abdi [1999] FCA 299, cited Refugee Review Tribunal, Decision and Reasons for Decision, V97/07946, Dr Rory Hudson, 17 July 1998, cited FONG HOI TJHIA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 135 OF 1999 TAMBERLIN J SYDNEY 24 AUGUST 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 135 OF 1999
BETWEEN: FONG HOI TJHIA
Applicant
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: TAMBERLIN J
DATE OF ORDER: 24 AUGUST 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review is dismissed with 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 N 135 OF 1999
BETWEEN: FONG HOI TJHIA
Applicant
AND: MINISTER FOR IMMIGRATION
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