Wang v Minister for Immigration & Multicultural Affairs [1999] FCA 1464

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural Affairs [1999] FCA 1464

IMMIGRATION – whether Tribunal failed to make findings on all material questions of fact – what constitutes a material question of fact

Migration Act 1958 (Cth) s 430

De Silva v Minister for Immigration and Multicultural Affairs [1999] FCA 1074 cited Thevendram v Minister for Immigration and Multicultural Affairs [1999] FCA 182 referred to Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 1022 referred to Emiantor v Minister for Immigration and Multicultural Affairs; Okah v Minister for Immigration and Multicultural Affairs [1998] FCA 1186 referred to Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 cited

FENG LIN WANG AND ANOR v

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 625 OF 1999 HILL J 10 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 625 OF 1999

BETWEEN: FENG LIN WANG

First Applicant

MEI LING WANG

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The application be 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 625 OF 1999

BETWEEN: FENG LIN WANG

First Applicant

MEI LING WANG

Second Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HILL J

DATE: 10 DECEMBER 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicants (Mr Feng Lin Wang and Ms Mei Ling Wang) apply to the Court for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") affirming a decision of a delegate of the respondent Minister for Immigration and Multicultural Affairs ("the Minister") refusing to grant to them protection visas. The review is an application in the original jurisdiction of the Court under Part 8 of the Migration Act 1958 ("the Act"). The grounds of such a review are limited by force of s 476 of the Act. In the present application the applicants rely upon s 476(1)(a) as the only ground of review: "that procedures were required by this Act or the regulations to be observed in connection with the making of the decision were not observed." 2 The procedures said not to have been observed in the present application are those to be found in s 430 of the Act which is in the following terms: "(1) Where the Tribunal makes its decision on a review, the Tribunal must prepare a written statement that: (a) sets out the decision of the Tribunal on the review; and (b) sets out the reasons for the decision; and (c) sets out the findings on any material questions of fact; and (d) refers to the evidence or any other material on which the findings of fact were based." 3 The submission is that the Tribunal had failed to set out its findings in regard to a claim which had been made on behalf of the applicants that Mr Wang had set up a dissident organisation within his work group which had led or might have led to his being subject to adverse attention from the authorities of the Peoples Republic of China.