Lin v Minister for Immigration & Multicultural Affairs [2001] FCA 991

Lin v Minister for Immigration & Multicultural Affairs [2001] FCA 991

The application must be dismissed as the Tribunal did not commit any reviewable error of law or jurisdiction; it applied the correct legal tests, set out sufficient findings in accordance with statutory requirements, and properly assessed credibility and relevant facts.

Parties
Applicant: Hui Lin; Respondent: The Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
27 July 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
Protection Visa, Refugee Status, Judicial Review Procedures, Grounds for Review, Error of Law
Administrative Law Immigration Law Protection Visa Refugee Status Judicial Review Procedures Grounds for Review Error of Law

Case Brief

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Parties

Hui Lin

Applicant

The Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Review Tribunal erred in law or procedure in refusing a protection visa
  2. 2 Whether the Tribunal failed to set out findings on material questions of fact as required by s 430(1) Migration Act 1958
  3. 3 Whether the Tribunal applied the correct test ('real chance') for well-founded fear of persecution

Ratio Decidendi

The application must be dismissed as the Tribunal did not commit any reviewable error of law or jurisdiction; it applied the correct legal tests, set out sufficient findings in accordance with statutory requirements, and properly assessed credibility and relevant facts.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs, such costs to be taxed in default of agreement.