Chen v Minister for Immigration & Multicultural Affairs [2001] FCA 763

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs [2001] FCA 763

MIGRATION – refugee - application for judicial review of a Refugee Review Tribunal decision – claim that applicant not afforded adequate hearing by Tribunal – contentions put by applicant not made out – application dismissed. Migration Act 1958 (Cth) Xiao v Minister for Immigration & Multicultural Affairs [2000] FCA 1472 referred to DE RONG CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 121 of 2001 MOORE J 22 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 121 of 2001

BETWEEN: DE RONG CHEN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 22 JUNE 2001

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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 121 OF 2001

BETWEEN: DE RONG CHEN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 22 JUNE 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an application by De Rong Chen ("the applicant") for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 10 December 2000 affirming a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister"), refusing to grant the applicant a protection visa. The criterion for the grant of such a visa is that the applicant is a person to whom Australia has protection obligations under the Convention Relating to the Status of Refugees of 28 July 1951 as amended by the Protocol Relating to the Status of Refugees of 31 January 1967 ("the Convention").