He v Minister for Immigration & Multicultural Affairs [2001] FCA 1176

He v Minister for Immigration & Multicultural Affairs [2001] FCA 1176

The applicants' claims do not demonstrate a well-founded fear of persecution for a Convention reason; their experiences did not arise from any of the five grounds under the Refugee Convention and thus the Tribunal's conclusion was correct.

Parties
First Applicant: Meng Yun He; Second Applicant: Wanlian Dang; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
23 August 2001
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Protection Visa, Refugee Convention, Judicial Review, Administrative Law
Immigration Law Protection Visa Refugee Convention Judicial Review Administrative Law

Case Brief

Summary, issues, holding and outcome

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Parties

Meng Yun He

First Applicant

Wanlian Dang

Second Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicants have a well-founded fear of persecution for a Convention reason under the Refugee Convention
  2. 2 Whether the Tribunal erred in affirming the Minister's decision not to grant protection visas

Ratio Decidendi

The applicants' claims do not demonstrate a well-founded fear of persecution for a Convention reason; their experiences did not arise from any of the five grounds under the Refugee Convention and thus the Tribunal's conclusion was correct.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicants pay the respondent's costs.