Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 1696

FEDERAL COURT OF AUSTRALIA

Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 1696 YUN SEN LIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 629 OF 2001 DRUMMOND, NICHOLSON and SUNDBERG JJ 22 NOVEMBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 629 OF 2001

BETWEEN: YUN SEN LIU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, NICHOLSON and SUNDBERG JJ

DATE OF ORDER: 22 NOVEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 629 OF 2001

BETWEEN: YUN SEN LIU

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: DRUMMOND, NICHOLSON and SUNDBERG JJ

DATE: 22 NOVEMBER 2001

PLACE: MELBOURNE

EX‑TEMPORE REASONS FOR JUDGMENT 1 This is an appeal from the decision of Goldberg J who dismissed the appellant's application for review of a decision of the Refugee Review Tribunal affirming the respondent's decision not to grant the appellant a protection visa. The background to the appeal and the relevant facts are set out in the primary judge's reasons and in more detail in the decision of the Refugee Review Tribunal. 2 The Tribunal summarised the way in which the appellant put his case for refugee status as follows:

"The applicant presented written and oral evidence describing past treatment that he believes amount to persecution. He has described his being sent to the country as a teenager during the Cultural Revolution and the resultant lack of educational opportunities. He has provided information about the impact of China's 'one child policy' on him. He has told of his activities in relation to the 'pro‑democracy' movement in 1989 and the consequences for him in terms of his suspension of membership of the Communist Party. He has described how he was 'laid off' from the state enterprise in which he worked and attributed this as being further punishment for his 1989 activities. He stated that he had difficulties getting approval for a passport during 1992 and 1993. He has also claimed that he will be persecuted on his return because of the length of his absence and some incorrect details as to his employment on his passport application. He claims that punishment for him will be more severe for him because he was a member of the Communist Party and would therefore be seen as disloyal in having applied for refugee status in Australia."