FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Gui [1999] FCA 1496
MIGRATION – appeal from decision of primary Judge allowing respondent’s appeal from decision of the Refugee Review Tribunal refusing protection visa – membership of a social group – homosexuals – respondent’s arrest for homosexual activity in public place in 1993 – respondent departing China in 1996 – evidence of respondent being able to take part in active gay community – evidence of homosexuality, if discreet, being tolerated – whether RRT erred in failing to find objective fear of persecution without “negating or qualifying” earlier findings
1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol, Article 1A(2)
Migration Act 1958 (Cth) ss 430, 476(1)(e)
Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 distinguished
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied
Morato v Minister for Immigration (1929) 39 FCR 402 cited
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v
GUO PING GUI
N 52 OF 1999
HEEREY, CARR AND TAMBERLIN JJ
SYDNEY
29 OCTOBER 1999
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IN THE FEDERAL COURT OF AUSTRALIA |
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ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
MULTICULTURAL AFFAIRS Appellant
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AND: |
Respondent
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JUDGE: |
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DATE: |
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PLACE: |
CORRIGENDUM
On page 3, paragraph 9 of the Reasons for Judgment, the first sentence should read:
The RRT found that the situation in Shanghai is that homosexuals can be and are the subject of police harassment, and that there appear to be intermittent crack-downs on “criminal elements” which also extends to increased harassment of the gay community.
I certify that this is a true copy
of the Corrigendum made to
the reasons for judgment in
this matter by the Court.
Associate:
Date: 4 November 1999
