Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
He v Minister for Immigration & Multicultural Affairs [2001] FCA 1122 MIGRATION – review of decision of Refugee Review Tribunal ("Tribunal") – where Tribunal found that the applicant's inability to obtain government employment did not constitute persecution – whether error of law – consideration of circumstances in which denial of government employment will constitute persecution Migration Act 1958 (Cth) s 476(1)(e) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 at 233 followed Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 at 388 followed Minister for Immigration and Multicultural Affairs v Ibrahim (2000) 74 ALJR 1556 at [55] followed Chen v Minister for Immigration and Ethnic Affairs (1995) 58 FCR 96 at 104 followed Prahastono v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 260 at 267-8 followed JIE HE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 924 of 2001 STONE J 15 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 924 OF 2001
BETWEEN: JIE HE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 15 AUGUST 2001
WHERE MADE: SYDNEY
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.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 924 OF 2001
BETWEEN: JIE HE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 15 AUGUST 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of China who, after arriving in Australia on 15 April 2000, applied for a protection visa. Her application was refused by a delegate ("Delegate") of the respondent ("Minister") and the Refugee Review Tribunal ("Tribunal") handed down a decision affirming the Delegate's decision on 10 May 2001. On 12 June 2001, the applicant commenced proceedings in this Court seeking review of the Tribunal's decision. An amended application was filed on 8 August 2001.
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