Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 505

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multiculutral Affairs [2000] FCA 505 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 142 ALR 331 applied chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 at 574 applied

HAI YAN WANG v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO. VG 622 OF 1998 HEEREY J 19 APRIL 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 622 OF 1998

BETWEEN: HAI YAN WANG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 19 APRIL 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's 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 622 OF 1998

BETWEEN: HAI YAN WANG

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: HEEREY J

DATE: 19 APRIL 2000

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 her a protection visa. 2 The applicant is a citizen of the People's Republic of China ("PRC") having been born in that country in 1961. She arrived in Australia on 6 July 1997 on a false Indonesian passport with an Australian visitor visa. She lodged an application for a protection visa on 15 August 1997. 3 In her application form she asserted a fear of persecution on the following grounds: · Her family were members of the landlord class and were persecuted by the Chinese Communist Party. · She was discriminated against, tortured and criticised by the authorities because of her speech and action against the Chinese Communist Party. · Her religion was "the Orthodox Eastern Church" and she was regarded as an anti-revolutionary religious person because she kept a close connection with Western people and was deprived of further education and employment. · She was married to a man who already had a child and she was not allowed to have her own child. She was forced to undergo an abortion. · She left the country illegally. · She believed that if she returned to China she would be persecuted "because of my strong provocative political opinions, my religious and rebellious activities". 4 On 29 August 1997 a delegate refused the application. The applicant sought review by the RRT which on 8 October 1998 affirmed the primary decision.