Li v Minister for Immigration & Multicultural Affairs [2002] FCA 64

FEDERAL COURT OF AUSTRALIA

Li v Minister for Immigration & Multicultural Affairs[2002] FCA 64

GUANG LI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1170 OF 2001

STONE J 5 FEBRUARY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1170 OF 2001

BETWEEN: GUANG LI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 5 FEBRUARY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed; 2. The applicant pay the respondent's costs of the proceeding. 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 1170 OF 2001

BETWEEN: GUANG LI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: STONE J

DATE: 5 FEBRUARY 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant is a citizen of the People's Republic of China who arrived in Australia on 6 January 2000. He applied for a protection visa on 3 February 2000. His application was refused by a delegate of the respondent Minister on 12 February 2000. The Refugee Review Tribunal ("Tribunal") affirmed that decision on 12 July 2001. On 7 August 2001, the applicant commenced proceedings in this Court seeking a review of the Tribunal's decision, under Pt 8 of the Migration Act 1958 (Cth) ("the Act").

Protection visa 2 Section 36(2) of the Act provides that a criterion for a protection visa is that the applicant is a non-citizen of Australia to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol ("Convention"). References to provisions of the Act are to those provisions as they were before the amendments commencing on 2 October 2001. Article 1A(2) of the Convention defines a refugee as a person who has a "well-founded fear of being persecuted" for a reason specified in the Convention.