Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599

Procedural Posture

Appeal Concerning Refusal of a Protection Visa and Review of a Refugee Review Tribunal Decision / Appeal to a Full Court of the Federal Court From a Single Judge Who Dismissed an Application Under S 476(1) of the Migration Act 1958 (cth)

Legal Issues

1. 1 ['Whether punishment or mistreatment for practising religion at an unregistered church in China could constitute persecution for reasons of religion under Art 1A(2) of the Refugees Convention.' 'Whether Chinese laws prohibiting or regulating religious practice other than at registered religious institutions were laws of general application.' 'Whether religion for the purposes of Art 1A(2) includes manifestation or practice of faith in community with others.' 'Whether a fear based on an intention to practise religion at an unregistered church in the future can be a well-founded fear of persecution.' 'Whether the Refugee Review Tribunal committed reviewable error by asking whether the appellant could practise Christianity at a registered church rather than whether he faced a real chance of persecution for practising at an unregistered church.']

Ratio Decidendi

The RRT erred in law by treating the appellant's ability to practise Protestant Christianity at a registered church as determinative, by regarding enforcement of Chinese registration requirements as not capable of being persecution for reasons of religion, and by failing to consider whether the appellant faced a real chance of persecution for practising his religion in community with others at an unregistered church. The Chinese laws regulating religious practice were not laws of general application in the relevant sense, and religion under Art 1A(2) includes communal practice. The appellant's intended future practice at an unregistered church could found a well-founded fear of...

Court Disposition

Appeal allowed; the orders of the trial judge and the decision of the Refugee Review Tribunal were set aside and the matter was remitted to the Refugee Review Tribunal to be determined in accordance with law.

Orders

• ['The appeal be allowed.' 'The orders of the trial judge and the decision of the Refugee Review Tribunal be set aside.' 'The matter be remitted to the Refugee Review Tribunal to be determined in accordance with law.' 'In the event there is a dispute over the constitution of the Refugee Review Tribunal that is to...