Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tang v Minister for Immigration & Multicultural Affairs [2000] FCA 985 MIGRATION – Migration Act 1958 (Cth) – error of law – well founded fear of persecution for reasons of religion – whether different treatment of worshipers at underground churches from those at registered churches is on the basis of religious differences – distinction between "the governance of a church" and "underlying religions faith" Migration Act 1958 (Cth) Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553, cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, cited Minister for Immigration and Multicultural Affairs v Zheng (FC) [2000] FCA 50, cited Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 511, cited Lama v Minister for Immigration and Multicultural Affairs (FC) [1999] FCA 1620, cited
XIAO JING TANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 234 of 2000 BRANSON J SYDNEY 26 JULY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 234 of 2000
BETWEEN: XIAO JING TANG
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 26 JULY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be affirmed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 234 of 2000
BETWEEN: XIAO JING TANG
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: BRANSON J
DATE: 26 JULY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The applicant has sought review under s 476 of the Migration Act 1958 (Cth) ("the Act") of a decision of the Refugee Review Tribunal ("the Tribunal") whereby the Tribunal affirmed the decision of a delegate of the Minister not to grant the applicant a protection visa. The applicant at hearing relied on only one ground of review, namely that the decision of the Tribunal involved an error of law, being an error involving an incorrect interpretation of the applicable law (s 476(1)(e)). 2 In order for an application for a protection visa to succeed, the Minister, or on review the Tribunal, must be satisfied that the applicant is a person to whom Australia has protection obligations under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done on 31 January 1967 at New York (together "the Convention") (ss 36(2) and 65 of the Act and cl 866.221 of Schedule 2 of the Migration Regulations 1994). For present purposes Australia will have protection obligations to the applicant under the Convention if she is a person who has:
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