Chen v Minister for Immigration & Multicultural Affairs [2001] FCA 1671

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs

[2001] FCA 1671 MIGRATION – appeal from the decision of a single Judge affirming the decision of the Refugee Review Tribunal to refuse the appellant a Protection (Class XA) visa – respondent acknowledged for purposes of appeal that s 425(1) of the Migration Act 1958 (Cth) entitled appellant to an opportunity to give evidence and to present arguments to Tribunal – whether the trial Judge erred in finding that the appellant had been afforded a proper hearing – whether the trial Judge was correct in holding that the hearing was meaningful and genuine and non-perfunctory

Migration Act 1958 (Cth) ss 425, 476(1)(a), (b), (c) Chen v Minister for Immigration and Multicultural Affairs [2001] FCA 763 affirmed Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315 considered Hussein v Minister for Immigration and Multicultural Affairs [1999] FCA 288 referred to Minister for Immigration and Multicultural Affairs v Mohammad (2000) 101 FCR 434 referred to Xiao v Minister for Immigration and Multicultural Affairs [2000] FCA 1472 referred to De Silva v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 364 referred to Win v Minister for Immigration and Multicultural Affairs (2001) 105 FCR 212 referred to Sreeram v Minister for Immigration and Multicultural Affairs (2001) 106 FCR 578 referred to Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 476 referred to Minister for Immigration and Multicultural Affairs v Capitly (1999) 55 ALD 365 applied Abebe v Commonwealth of Australia (1999) 197 CLR 510 applied DE RONG CHEN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1065 OF 2001 LINDGREN, TAMBERLIN AND MANSFIELD JJ 3 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA