Nie v Minister for Immigration & Multicultural Affairs [2000] FCA 347

FEDERAL COURT OF AUSTRALIA

Nie v Minister for Immigration & Multicultural Affairs [2000] FCA 347 Migration Act 1958 (Cth) s 55 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 mentioned Hai Yan Wang [2000] FCA 505 mentioned Sunarto aka Mao Shun Chen [2000] FCA 506 Li Wen Han v Minister for Immigration and Multicultural Affairs [2000] FCA 421 distinguished Minister for Immigration and Multicultural Affairs v "A" (1999) 168 ALR 594 distinguished

YIZENG NIE (also known as DEQING LI) v THE MINISTER FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

NO VG 657 OF 1998

HEEREY J 3 MAY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 657 OF 1998

BETWEEN: YIZENG NIE (also known as DEQING LI)

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 3 MAY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The application is dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 657 OF 1998

BETWEEN: YIZENG NIE (also known as DEQING LI)

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE:

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant seeks review of a decision of the Refugee Review Tribunal ("RRT") affirming a decision of a delegate of the Minister not to grant a protection visa to him. The applicant is a citizen of the People's Republic of China ("PRC") having been born in that country in 1955. He arrived in Australia on 9 July 1997 on a visitor visa issued in the PRC. He travelled on a PRC passport which was not issued in his real name. He lodged an application for a protection visa on 25 July 1997.