Chen Shao Hui v Minister for Immigration & Multicultural Affairs [1999] FCA 1564

FEDERAL COURT OF AUSTRALIA

Chen Shao Hui v Minister for Immigration & Multicultural Affairs

[1999] FCA 1564 MIGRATION – judicial review of decision of Refugee Review Tribunal affirming decision to refuse applicant protection visa – whether decision based on particular facts which did not exist – whether failure to refer to material on which findings of fact and credit were based Migration Act 1958 (Cth) ss 430, 476(1)(a), 476(1)(e), 476(1)(g), 476(4)(b)

Curragh Queensland Mining Ltd v Daniel (1992) 35 FCR 212 applied Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 referred to

CHEN SHAO HUI also known as LIU SHU FANG v

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 792 OF 1999

LEHANE J 11 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 792 OF 1999

BETWEEN: CHEN SHAO HUI also known as LIU SHU FANG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 11 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's 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 792 OF 1999

BETWEEN: CHEN SHAO HUI also known as LIU SHU FANG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: LEHANE J DATE: 11 NOVEMBER 1999 PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant seeks review, under Pt 8 of the Migration Act 1958 (Cth), of a decision of the Refugee Review Tribunal dated 16 July 1999. By its decision the Tribunal affirmed the decision of a delegate of the Minister not to grant a protection visa to the applicant.