Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 505

Wang v Minister for Immigration & Multicultural Affairs [2000] FCA 505

The RRT correctly stated and applied the real chance test, was entitled to rely on country information while considering the applicant's personal circumstances, rationally accepted some claims and rejected others, assessed future risk consistently with Guo, and made no reviewable error in concluding that the applicant did not have a well-founded fear of persecution for a Convention reason.

Jurisdiction
Australia
Judgment Date
19 April 2000
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judgment
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'convention Reasons' 'real Chance Test' 'refugee Review Tribunal Review' 'one Child Policy' 'illegal Departure From the Prc']
['administrative Law' 'migration Law' 'refugee Law'] ['protection Visa' 'well Founded Fear of Persecution' 'convention Reasons' 'real Chance Test' 'refugee Review Tribunal Review' 'one Child Policy' 'illegal Departure From the Prc']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judgment

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal applied a stricter test than the real chance test for well-founded fear of persecution.' "Whether the Refugee Review Tribunal failed to assess the cumulative effect of the applicant's experiences in the PRC." 'Whether the Refugee Review Tribunal failed to consider future events and the possible future conduct of PRC authorities.' 'Whether the Refugee Review Tribunal adopted too narrow a meaning of persecution in relation to possible punishment for obtaining false documents.' "Whether the Refugee Review Tribunal failed to consider the applicant's position at the time of its decision." 'Whether the Refugee Review Tribunal erred by treating the applicant as not facing a real chance of persecution because she was a low profile activist.']

Ratio Decidendi

The RRT correctly stated and applied the real chance test, was entitled to rely on country information while considering the applicant's personal circumstances, rationally accepted some claims and rejected others, assessed future risk consistently with Guo, and made no reviewable error in concluding that the applicant did not have a well-founded fear of persecution for a Convention reason.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs, including reserved costs."]