Lin v Minister for Immigration & Multicultural Affairs [1999] FCA 1793

Procedural Posture

Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Reasons for Judgment and Final Orders

Legal Issues

1. 1 ['Whether the applicant established a ground of review available under s 476(1) of the Migration Act 1958 (Cth).' 'Whether the Refugee Review Tribunal made a reviewable error in its findings of fact.' 'Whether the applicant had a well-founded fear of persecution for a Convention reason by reason of membership of a particular social group.' "Whether persons who have had more than one child in contravention of the PRC's one child policy and fear sanctions constitute a particular social group for Convention purposes."]

Ratio Decidendi

The applicant did not establish any ground under s 476(1) of the Migration Act 1958 (Cth) justifying review. The RRT's factual findings were open to it, and it did not err in concluding that the applicant was not persecuted for reason of membership of a particular social group, because a group defined as those who have had more than one child in contravention of the PRC one-child policy and fear sanctions is not a particular social group for Convention purposes.

Court Disposition

Application dismissed with costs.

Orders

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