Minister for Immigration & Multicultural Affairs v Jang [2000] FCA 1075

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Jang [2000] FCA 1075 ADMINISTRATIVE LAW – Migration – Application for review of decision of Refugee Review Tribunal – Chinese national claimed to fear persecution on account of religion – Applicant is committed Christian who engaged in "house-church" worship and proselytising in Jilin Province, China – Under Chinese national law, religious activities are unlawful except for worship in a registered church – Country evidence indicated the degree of enforcement of this law varies from region to region, depending on attitude of local officials – Law strictly enforced in Jilin – Tribunal accepted applicant had suffered persecution on account of her religious activities and reasonably feared persecution if returned to China – Refugee status acknowledged – Appeal by Minister contending Tribunal erred in law in failing to consider whether applicant could relocate elsewhere in China – Consideration of the relocation principle in respect of feared persecution arising from enforcement of a national law. Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 discussed Migration Act 1958, Part 8 Division 2

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v KEUM E JANG

N1370 of 1999 WILCOX J SYDNEY 4 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1370 of 1999

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant

AND: KEUM E JANG

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 4 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant, Minister for Immigration and Multicultural Affairs, pay the costs of the respondent, Keum E Jang. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.