Zhang Su Rong v Refugee Review Tribunal & Anor [1997] FCA 423

Zhang Su Rong v Refugee Review Tribunal & Anor [1997] FCA 423

The Tribunal correctly identified the real chance test, reached a positive state of disbelief on aspects of the applicant's evidence for stated reasons, considered the evidence relating to each asserted basis of persecution and then revisited the overall question whether there was a real chance of persecution for a Convention reason. The asserted no evidence ground was misconceived because there was evidence supporting the Tribunal's findings and no particular matter was required by law to be established before deciding the applicant was not a refugee. The alleged failures to warn or direct were not procedures required by the Act or Regulations. No reviewable error was established.

Jurisdiction
Australia
Judgment Date
16 May 1997
Procedural Posture
Application for Review Under Pt 8 of the Migration Act 1958 of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Final Judgment
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Status' 'well Founded Fear of Persecution' 'real Chance Test' 'credibility Findings' 'no Evidence Ground of Review' 'procedural Fairness and Statutory Procedures']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Status' 'well Founded Fear of Persecution' 'real Chance Test' 'credibility Findings' 'no Evidence Ground of Review' 'procedural Fairness and Statutory Procedures']

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Procedural Posture

Application for Review Under Pt 8 of the Migration Act 1958 of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Final Judgment

Legal Issues

  1. 1 ['Whether the Tribunal misinterpreted or misapplied the real chance test for a well-founded fear of persecution.' "Whether the Tribunal's adverse credibility findings, including findings of fabrication, precluded proper consideration of the applicant's claims." "Whether there was no evidence or other material to justify the Tribunal's decision within s 476(1)(g) of the Migration Act 1958." 'Whether the Tribunal failed to observe procedures required by the Act in connection with the making of the decision.']

Ratio Decidendi

The Tribunal correctly identified the real chance test, reached a positive state of disbelief on aspects of the applicant's evidence for stated reasons, considered the evidence relating to each asserted basis of persecution and then revisited the overall question whether there was a real chance of persecution for a Convention reason. The asserted no evidence ground was misconceived because there was evidence supporting the Tribunal's findings and no particular matter was required by law to be established before deciding the applicant was not a refugee. The alleged failures to warn or direct were not procedures required by the Act or Regulations. No reviewable error was established.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs of the application including reserved costs."]