Minister for Immigration & Multicultural Affairs v Guan [2000] FCA 1033

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Guan [2000] FCA 1033 MIGRATION – decision of Refugee Review Tribunal remitting matter to Minister with direction that respondent is a person to whom Australia owes protection obligations – respondent is a citizen of People's Republic of China and a homosexual man – whether Tribunal erred by failing to make express or implicit findings on the elements of the definition of "refugee" in the Convention Relating to the Status of Refugees – whether Tribunal erred by failing to consider whether respondent faces a real chance of persecution if he practices his homosexuality discreetly – whether Tribunal failed to consider whether the respondent as an individual faces a real chance of persecution – whether Tribunal failed to make its own assessment of or misconstrued the meaning of "persecution"

Migration Act 1958 (Cth) s 476(1)(e)

Minister for Immigration & Multicultural Affairs v Gui [1999] FCA 1496 considered Minister for Immigration & Multicultural Affairs v Shaibo [2000] FCA 600 referred to Applicant LSLS v Minister for Immigration & Multicultural Affairs [2000] FCA 211 considered Minister for Immigration & Multicultural Affairs v B [2000] FCA 930 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v GUAN YING CAI N 1090 OF 1999 MOORE J 2 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1090 OF 1999

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPLICANT

AND: GUAN YING CAI

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 2 AUGUST 2000

WHERE MADE: SYDNEY

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

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.