Chen, Deqing v Minister for Immigration & Multicultural Affairs [1998] FCA 591

Chen, Deqing v Minister for Immigration & Multicultural Affairs [1998] FCA 591

There is an available argument that deprivation of Hukou could amount to persecution under the Convention and, combined with the short delay and lack of prejudice to the respondent, this justifies granting an extension of time to file an appeal.

Parties
Applicant: Deqing Chen; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Application for Extension of Time to Appeal / Ex Tempore Judgment on Extension of Time Application
Outcome
Extension of time to file appeal granted
Legal Topics
Extension of Time, Appeal, Persecution Under the Convention
Administrative Law Immigration Law Extension of Time Appeal Persecution Under the Convention

Case Brief

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Parties

Deqing Chen

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Ex Tempore Judgment on Extension of Time Application

Legal Issues

  1. 1 Whether an extension of time to file an appeal should be granted
  2. 2 Whether the cancellation of Hukou amounts to persecution under the Convention

Ratio Decidendi

There is an available argument that deprivation of Hukou could amount to persecution under the Convention and, combined with the short delay and lack of prejudice to the respondent, this justifies granting an extension of time to file an appeal.

Court Disposition

Extension of time to file appeal granted

Orders

  • Application for extension of time granted
  • No order as to costs