Su Qun De v The Minister for Immigration & Ethnic Affairs [1996] FCA 278

Su Qun De v The Minister for Immigration & Ethnic Affairs [1996] FCA 278

Organisers of illegal boat departures from China are not members of a particular social group within the meaning of the Refugees Convention because the relevant Chinese laws regulate conduct rather than identity, and there was no evidence that Chinese authorities imputed political opinion to such organisers. The applicant's fear of punishment for illegal departure or organising illegal departure therefore was not persecution for a Convention reason, including nationality. The application was dismissed.

Jurisdiction
Australia
Judgment Date
24 April 1996
Procedural Posture
Application to Review a Decision of the Refugee Review Tribunal That the Applicant Is Not a Refugee Within the Meaning of the Migration Act 1958 (cth) / Federal Court Judicial Review; Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'illegal Departure From China' 'particular Social Group' 'persecution by Reason of Nationality' 'error of Law']
['immigration' 'administrative Law' 'refugee Law'] ['protection Visa' 'well Founded Fear of Persecution' 'illegal Departure From China' 'particular Social Group' 'persecution by Reason of Nationality' 'error of Law']

Case Brief

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Procedural Posture

Application to Review a Decision of the Refugee Review Tribunal That the Applicant Is Not a Refugee Within the Meaning of the Migration Act 1958 (cth) / Federal Court Judicial Review; Application Dismissed

Legal Issues

  1. 1 ['Whether possible prosecution, conviction and imprisonment as an illegal departee from China constituted persecution by reason of nationality.' 'Whether the applicant, as principal organiser and captain of an illegal boat departure, was a member of a particular social group within the Refugees Convention.' "Whether the Court had jurisdiction to review the Tribunal's decision for alleged error of law."]

Ratio Decidendi

Organisers of illegal boat departures from China are not members of a particular social group within the meaning of the Refugees Convention because the relevant Chinese laws regulate conduct rather than identity, and there was no evidence that Chinese authorities imputed political opinion to such organisers. The applicant's fear of punishment for illegal departure or organising illegal departure therefore was not persecution for a Convention reason, including nationality. The application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

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