Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 1696

Liu v Minister for Immigration & Multicultural Affairs [2001] FCA 1696

The appeal was dismissed because the notice of appeal and the appellant's submissions did not identify any appealable error by the primary judge, and the Full Court's own consideration revealed none. The Tribunal had considered each of the appellant's claims, made findings open on the material, and no error giving rise to review under s 476 of the Migration Act 1958 was disclosed.

Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Immigration Appeal Concerning Refusal of a Protection Visa / Appeal From the Decision of Goldberg J Dismissing an Application for Review of a Refugee Review Tribunal Decision
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'convention Reason' 'judicial Review Under S 476 of the Migration Act 1958']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'convention Reason' 'judicial Review Under S 476 of the Migration Act 1958']

Case Brief

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Procedural Posture

Immigration Appeal Concerning Refusal of a Protection Visa / Appeal From the Decision of Goldberg J Dismissing an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the primary judge made an appealable error in dismissing the application for review of the Refugee Review Tribunal decision.' 'Whether the Refugee Review Tribunal disclosed any reviewable error under s 476 of the Migration Act 1958.' "Whether the appellant's claims concerning the Cultural Revolution, China's one child policy, the army, 1989 pro-democracy activities, loss of employment, departure from China and application for refugee status established a well-founded fear of persecution for a Convention reason."]

Ratio Decidendi

The appeal was dismissed because the notice of appeal and the appellant's submissions did not identify any appealable error by the primary judge, and the Full Court's own consideration revealed none. The Tribunal had considered each of the appellant's claims, made findings open on the material, and no error giving rise to review under s 476 of the Migration Act 1958 was disclosed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]