Hui Quin Li v Minister for Immigration & Multicultural Affairs [1999] FCA 751

Hui Quin Li v Minister for Immigration & Multicultural Affairs [1999] FCA 751

The application was dismissed because the applicant's fear of persecution by her husband was not shown to be persecution by government, tolerated by government, or beyond government control, and she did not identify a qualifying social group for convention purposes.

Jurisdiction
Australia
Judgment Date
01 June 1999
Procedural Posture
Application for an Order of Review of a Decision of the Refugee Review Tribunal Upholding a Decision to Decline a Protection Visa / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'fear of Persecution by Husband' 'membership of a Social Group']

Case Brief

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Procedural Posture

Application for an Order of Review of a Decision of the Refugee Review Tribunal Upholding a Decision to Decline a Protection Visa / Final Judgment

  1. 1 ["Whether fear of persecution by the applicant's husband was within the ambit of the relevant convention for refugee status." 'Whether the applicant identified a social group to which she belonged for the purposes of the convention.']

Ratio Decidendi

The application was dismissed because the applicant's fear of persecution by her husband was not shown to be persecution by government, tolerated by government, or beyond government control, and she did not identify a qualifying social group for convention purposes.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs of the application."]