Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 963

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 963 MIGRATION -– refugee – protection visa – review of a decision of the Refugee Review Tribunal – well-founded fear of persecution – whether failure to set out findings on material questions of fact – whether Refugee Review Tribunal had a closed mind – whether "adverse interest" test inappropriately used – need to ask "What if I am wrong?" – claim based on political activities and religious beliefs – political activities not sufficient to found an "adverse interest" in the authorities – religious conviction found to be implausible. Migration Act 1958: s 476(1) Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 referred to Re: Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 referred to Minister for Immigration and Multicultural Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719 referred to LANYING WANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 35 of 1999 GOLDBERG J MELBOURNE 19 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 35 of 1999

BETWEEN: LANYING WANG

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 19 JULY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The amended application is dismissed. 2. The applicant pay the respondent's costs of the application 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 V 35 of 1999

BETWEEN: LANYING WANG

Applicant