Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 257

FEDERAL COURT OF AUSTRALIA

Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 257

MIGRATION - Application for review of decision by Refugee Review Tribunal affirming decision not to grant protection visa - whether the decision was based upon a fact which did not exist - freedom of religion - consideration of exercising and manifesting religious beliefs and whether that leads to persecution.

Migration Act 1958 (Cth) s 476(4)(b)

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Cons Minister for Immigration and Multicultural Affairs v Zheng [2000] FCA 50 Appl Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599 Foll Lek v Minister for Immigration, Local Government and Ethnic Affairs (No 2) (1993) 45 FCR 418 Appl Mohammed v Minister for Immigration & Multicultural Affairs [1999] FCA 868 Appl Minister for Immigration & Multicultural Affairs v Mohammed (2000) 98 FCR 405 Appl Commonwealth of Australia v Human Rights and Equal Opportunity Commission (1998) 76 FCR 513 Appl JIAN GUO LIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q299 OF 1999 COOPER J BRISBANE 16 MARCH 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q299 OF 1999

BETWEEN: JIAN GUO LIU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 16 MARCH 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal given on 19 November 1999 affirming the decision not to grant to the applicant a protection visa be set aside. 2. The matter be remitted for determination by a differently constituted tribunal according to law. 3. The respondent pay the applicant's costs of and incidental to the proceedings to be taxed, if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.