Wu, Liang v Minister for Immigration & Multicultural Affairs [1998] FCA 1433

Wu, Liang v Minister for Immigration & Multicultural Affairs [1998] FCA 1433

The RRT was entitled to find the applicant generally not credible because several aspects of his account were open to be regarded as implausible, including his non-arrest at the factory, his alleged railway station arrest, his claimed later political activity after imprisonment, and his departure from the PRC on his own genuine passport. Because those findings were open on the material before the RRT, the applicant did not establish procedural error or a no evidence ground under s 476(1)(a) or (g) of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
30 October 1998
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Ex Tempore Reasons and Orders
Outcome
The decision of the Refugee Review Tribunal was affirmed and the applicant was ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution for Political Opinion' 'credibility Findings' 'independent Country Information' 'judicial Review Under S 476 of the Migration Act 1958 (cth)' 'no Evidence Ground']
['immigration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution for Political Opinion' 'credibility Findings' 'independent Country Information' 'judicial Review Under S 476 of the Migration Act 1958 (cth)' 'no Evidence Ground']

Case Brief

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Judicial Review; Ex Tempore Reasons and Orders

Legal Issues

  1. 1 ['Whether procedures required by the Migration Act 1958 (Cth) or regulations to be observed in connection with the RRT decision were not observed.' 'Whether there was no evidence or other material to justify the RRT decision.' "Whether it was open to the RRT to reject the applicant's claims as not credible or implausible by reference to independent country information and other evidence."]

Ratio Decidendi

The RRT was entitled to find the applicant generally not credible because several aspects of his account were open to be regarded as implausible, including his non-arrest at the factory, his alleged railway station arrest, his claimed later political activity after imprisonment, and his departure from the PRC on his own genuine passport. Because those findings were open on the material before the RRT, the applicant did not establish procedural error or a no evidence ground under s 476(1)(a) or (g) of the Migration Act 1958 (Cth).

Court Disposition

The decision of the Refugee Review Tribunal was affirmed and the applicant was ordered to pay the respondent's costs.

Orders

  • ['The decision of the Refugee Review Tribunal given on 12 June 1998 be affirmed.' "The applicant pay the respondent's costs."]