Su Wen Jian v The Minister for Immigration & Ethnic Affairs [1996] FCA 276

The Tribunal did not err in law by finding the applicant lacked credibility or by weighing evidence as it did; it correctly understood and applied the 'real chance' test, and punishment under laws of general application for illegal departure from China does not constitute persecution for reasons of nationality under the Refugees Convention.

Jurisdiction: Australia
Judgment Date: 24 April 1996
Procedural Posture: Application for Judicial Review / Federal Court First Instance Judgment
Outcome: Application dismissed with costs
Legal Topics: ['refugee Status Determination' 'standard of Proof in Refugee Determination' 'persecution on Grounds of Nationality']

['immigration Law' 'administrative Law'] ['refugee Status Determination' 'standard of Proof in Refugee Determination' 'persecution on Grounds of Nationality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Judicial Review / Federal Court First Instance Judgment

Legal Issues

1 ["Whether the Tribunal applied the correct 'real chance' test for persecution under the Refugee Convention" 'Whether the Tribunal misapplied standard of proof by resolving facts on the balance of probabilities' 'Whether punishment for illegal departure from China equates to persecution for a Convention ground, specifically nationality']

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

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