Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lin v Minister for Immigration & Multicultural Affairs [1999] FCA 1793
Migration Act 1958 (Cth), s 476(1) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, followed. Minister for Immigration and Multicultural Affairs v Zamora (1998) 51 ALD 1, followed.
YIBIAO LIN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 750 of 1999
JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 20 DECEMBER 1999
NO QUESTION OF PRINCIPLE IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 750 OF 1999
BETWEEN: YIBIAO LIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE
DATE: 20 DECEMBER 1999
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
NO QUESTION OF PRINCIPLE IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 750 OF 1999
BETWEEN: YIBIAO LIN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: SACKVILLE
DATE: 20 DECEMBER 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application, filed on 4 August 1999, to review a decision of the Refugee Review Tribunal ("RRT") given on 30 June 1999. The RRT affirmed a decision of a delegate of the respondent ("the Minister") to refuse to grant the applicant a protection visa. 2 The applicant is a citizen of the People's Republic of China ("PRC"). He is aged about thirty three and is from Fujian Province. He has a wife, whom he married in early 1992, and three children. According to the RRT, his family remains in China. The applicant travelled to Australia on a passport which was issued in Fujian Province in January 1996. He arrived in Australia on 6 September 1996, but did not apply for a protection visa until 2 October 1998. 3 On 20 October 1998, the Minister's delegate refused to grant a protection visa and on 23 November 1998 the applicant sought review of that decision in the RRT. The applicant made written submissions to the RRT, apparently with the assistance of a migration adviser. He also gave oral evidence, with the assistance of an interpreter, at the RRT hearing, held on 1 June 1999.
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