Chen v Minister for Immigration & Mulitcultural Affairs [2000] FCA 506

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs [2000] FCA 506

Hai Yan Wang v The Minister for Immigration and Multicultural Affairs [2000] FCA 505 applied

SUNARTO AKA MAO SHUN CHEN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO. VG 623 OF 1998 HEEREY J 19 APRIL 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 623 OF 1998

BETWEEN: SUNARTO AKA MAO SHUN CHEN

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 623 OF 1998

BETWEEN: SUNARTO AKA MAO SHUN CHEN

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 a protection visa to him. 2 The applicant is a citizen of the People's Republic of China ("PRC") having been born in that country in 1960. He arrived in Australia on 6 July 1997 on a false Indonesian passport with an Australian visitor visa. He lodged an application for a protection visa on 5 September 1997. 3 The applicant asserted a fear of persecution on the following grounds:

· Religion 4 He was a Christian and as a young man organised students to study the Bible. For this he was detained for twenty-five days and made to write self criticism. He fled China because he attempted to donate land to build a church and organise a demonstration against the refusal of a permit to build the church.