Yue v Minister for Immigration & Multicultural Affairs [1999] FCA 1404

FEDERAL COURT OF AUSTRALIA

Yue v Minister for Immigration & Multicultural Affairs [1999] FCA 1404 MIGRATION - application for judicial review of Refugee Review Tribunal decision refusing a protection visa - applicant citizen of People's Republic of China (PRC) who claimed fear of persecution on the basis of her political opinion - applicant had been regarded by authorities in the PRC as using dance and rhythmic gymnastics to express anti-government sentiments - Tribunal did not accept the applicant's account of her past experiences - Tribunal misunderstood a handwritten answer on the applicant's primary application and rejected her evidence as contradictory on this basis - whether this error of the Tribunal established a ground of review under s 476 of the Migration Act 1958 (Cth) - whether the Tribunal failed to make findings on material questions of fact as required by s 430 - whether the Tribunal failed to fulfil its duty to make such findings where no material existed to found the finding it made and no explanation was provided for rejecting the applicant's account. Migration Act 1958 (Cth) ss 430, 476(1)(a) Borsa v Minister for Immigration and Multicultural Affairs [1999] FCA 348, considered Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940, considered Baljit Kaur Singh & Ors v Minister for Immigration and Multicultural Affairs [1999] FCA 1126, followed T v Minister for Immigration and Multicultural Affairs [1999] FCA 878, cited LI YUE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 481 of 1999 MOORE J SYDNEY 14 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 481 OF 1999

BETWEEN: LI YUE

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent