Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cho v Minister for Immigration & Multicultural Affairs [1999] FCA 1738 MIGRATION – application for order of review of decision of the Refugee Review Tribunal affirming decision not to grant applicant a protection visa – whether Tribunal incorrectly applied the law to the facts as found – whether Tribunal incorrectly applied meaning of "persecution" – whether Tribunal failed to consider whether there was a real chance of persecution on applicant's return to Burma, having regard to the events that occurred prior to the applicant's departure Migration Act 1958 (Cth), s476(1)(e) Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225, cited Nagaratnam v Minister for Immigration & Multicultural Affairs (1998) 84 FCR 569, considered
HNIN HNIN CHO v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N652 OF 1999 EMMETT J 9 DECEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N652 OF 1999
BETWEEN: HNIN HNIN CHO
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 9 DECEMBER 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 N652 OF 1999
BETWEEN: HNIN HNIN CHO
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: EMMETT J
DATE: 9 DECEMBER 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of Burma (Myanmar). She arrived in Australia on 8 January 1996 and applied to the Department of Immigration & Multicultural Affairs for a protection visa on 7 June 1996. A delegate of the Minister refused the visa on 19 March 1997. The Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision on 14 April 1998. However, on 25 January 1999, the Court, with the Minister's consent, ordered that the decision be set aside and the matter be remitted to the Tribunal. The matter again came before the Tribunal, differently constituted, and, on 27 May 1999, the Tribunal affirmed the decision not to grant a protection visa.
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