Tang v Minister for Immigration & Multicultural Affairs [2000] FCA 1746
The Tribunal’s finding that the appellant does not fit the risk profile for persecution and that her religious activities would not attract adverse attention upon return to China was legally open and determinative. The Tribunal did not err in law by applying the test for religious persecution; past punishment was not for reasons of religion.
- Jurisdiction
- Australia
- Judgment Date
- 01 December 2000
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['protection Visa' 'refugee Status' 'religious Persecution' 'error of Law']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 ['Whether the applicant has a well-founded fear of persecution for reasons of religion under the Refugees Convention as applied by the Migration Act 1958' "Whether the Refugee Review Tribunal applied the correct legal test for 'for reasons of religion'" "Whether the Tribunal's findings about past punishment and religious activities were legally open"]
Ratio Decidendi
The Tribunal’s finding that the appellant does not fit the risk profile for persecution and that her religious activities would not attract adverse attention upon return to China was legally open and determinative. The Tribunal did not err in law by applying the test for religious persecution; past punishment was not for reasons of religion.
Court Disposition
appeal dismissed
Orders
- ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal, to be taxed in default of agreement."]
Full Case Text
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