Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 1599 MIGRATION – protection visa – refugee – law prohibiting religious practice other than at registered religious institutions – whether a law of general application – whether punishment for religious practice at an unregistered institution is prosecution or persecution – whether, for the purposes of the Convention, religion includes its practice in a like-minded community – role of international human rights Conventions in interpretation of the Refugees' Convention – whether fear of persecution based on an intention to practice religion at an unregistered institution in the future can constitute a well-founded fear of persecution. WORDS AND PHRASES - "Religion"

Migration Act 1958 (Cth) s476(1) Chokov v Minister for Immigration and Multicultural Affairs [1999] FCA 823 – cited Minister for Immigration and Multicultural Affairs v Zheng [2000] FCA 50 – not followed Tang v Minister for Immigration and Multicultural Affairs [2000] FCA 985 – not followed Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 – considered Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 Zolfagharkani v Canada (Minister of Employment and Immigration (1993) 3 F.C 540 - cited Chang v INS 119 F3d 1055 (3d circuit, 1997) – cited Namitabar v Canada (Minister of Employment & Immigration) (1994) 2 F.C. 42 – cited Fathi-Rad v Canada (1994) 77 F.T.R 41 – cited Bastanipour v INS 980 F.2d 1129 (7th circuit, 1992) – cited Okere v Minister for Immigration and Multicultural Affairs (1998), 157 ALR 678 – considered Fosu v Canada (Minister of Employment and Immigration)(1994) 90 FTR 182 – cited Irripugge v Canada (Minister of Citizenship and Immigration)(2000) 94 A.C.W.S. 3d 733 - cited Minister for Immigration and Multicultural Affairs v Mohammed (2000) 98 FCR 405 – applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 – cited Mohammed v Minister for Immigration and Multicultural Affairs [1999] FCA 868 – applied Danian v Secretary of State for the Home Department [2000] Imm AR 96 - considered Secretary of State for the Home Department v Ahmed [2000] 1 NLR 1 – considered The Little Company of St Mary (SA) Incorporated v The Commonwealth (1942) 66 CLR 368 – cited Nguyen v Nguyen (1990) 169 CLR 245 – cited WANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N490 of 2000 JUDGES: WILCOX, GRAY and MERKEL JJ DATE: 10 NOVEMBER 2000 PLACE: SYDNEY