Lunardi, Wilson v Minister for Immigration & Multicultural Affairs [1998] FCA 1091

Lunardi, Wilson v Minister for Immigration & Multicultural Affairs [1998] FCA 1091

The Tribunal did not misunderstand or misapply the law concerning systematic discrimination, and it was reasonably open on the independent evidence for the Tribunal to conclude that discrimination faced by ethnic Chinese in Indonesia did not amount to persecution and that state protection was sufficient to reject the applicant's claim. Accordingly, no reviewable error of law was shown.

Jurisdiction
Australia
Judgment Date
27 August 1998
Procedural Posture
Application for Review of Decision of Refugee Review Tribunal Affirming Refusal of Protection Visa / Federal Court Judicial Review; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'ethnic Chinese Indonesians' 'state Protection' 'reviewable Error of Law']
['immigration' 'refugee Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'ethnic Chinese Indonesians' 'state Protection' 'reviewable Error of Law']

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Procedural Posture

Application for Review of Decision of Refugee Review Tribunal Affirming Refusal of Protection Visa / Federal Court Judicial Review; Application Dismissed

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal made an error of law in affirming the delegate's refusal to grant the applicant a protection visa." 'Whether the Tribunal misunderstood or misapplied the relevance of systematic discriminatory conduct to persecution for a Convention reason.' "Whether it was open to the Tribunal to find that the Indonesian government was sufficiently willing and able to protect ethnic Chinese citizens so that the applicant's fears of persecution were not well-founded."]

Ratio Decidendi

The Tribunal did not misunderstand or misapply the law concerning systematic discrimination, and it was reasonably open on the independent evidence for the Tribunal to conclude that discrimination faced by ethnic Chinese in Indonesia did not amount to persecution and that state protection was sufficient to reject the applicant's claim. Accordingly, no reviewable error of law was shown.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']