Lia v Minister for Immigration & Multicultural Affairs [2001] FCA 65

FEDERAL COURT OF AUSTRALIA

Lia v Minister for Immigration and Multicultural Affairs [2001] FCA 65 MIGRATION – protection visa – Refugee Review Tribunal – finding that applicant not a Mormon, or that even if Mormon, can safely practise religion in China – whether tribunal failed to give adequate reasons for its decision – whether tribunal made error of law in interpretation of persecution on account of religion – whether "no evidence" to justify tribunal's decision – whether tribunal entitled to draw adverse inference from applicant's failure to answer questions EVIDENCE – finding of fact by inference – whether the drawing of an inference involves a finding of fact Migration Act 1958 (Cth) ss 430, 476(1)(a), (1)(e), (1)(g), (4) Minister for Immigration and Multicultural Affairs v Singh [2000] FCA 845 followed Pollocks v Minister for Immigration and Multicultural Affairs [2000] FCA 1514 applied Oyarzo v Minister of Employment and Immigration [1982] 2 FC 779 cited Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 applied Epeabaka v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 411 cited Guden v Minister for Immigration and Multicultural Affairs [2000] FCA 236 doubted DJU LIA (AKA CHEN MEI HUA) v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 749 of 1999 FINKELSTEIN J MELBOURNE 19 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 749 of 1999

BETWEEN: DJU LIA (AKA CHEN MEI HUA)

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 19 FEBRUARY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be 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.