Fang Li v Refugee Review Tribunal (B F Kissane)

Case [1997] FCA 327


IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY )     No. NG 596 of 1996
)
GENERAL DIVISION )
BETWEEN:             

FANG LI
Applicant

  AND:  

B.F.KISSANE, sitting as the Refugee Review Tribunal
First Respondent

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Second Respondent

CORAM: EMMETT J
PLACE: SYDNEY
DATED: 27 FEBRUARY 1997

EX TEMPORE REASONS FOR JUDGMENT

I have already dealt with Application NG331 of 1996 earlier this afternoon.  The grounds of the present application are the same as those specified in the earlier application.  This is an application for review of a decision given under Division 2 of Part 7 of the Migration Act, being a decision of the Refugee Review Tribunal of 12 June 1996.

Nothing has been advanced on behalf of the applicant in support of the grounds beyond what was advanced in relation to the earlier grounds.  For the reasons given in relation to NG 331 of 996 this application must be dismissed.

I make no order as to costs of the second application.

I certify that this and the preceding page is a true copy of the Reasons for Judgment of his Honour Justice Emmett.

Associate:

Dated:    27 February 1997

Heard:            27 February 1997

Place:              Sydney

Decision:        27 February 1997

Appearances:  The applicant appeared in person

Counsel for the respondent:               R.Beech-Jones

Solicitor for the respondent:              Australian Government Solicitor

Details
AGLC
Fang Li v Refugee Review Tribunal (B F Kissane) [1997] FCA 327
Case
[1997] FCA 327
Decision Date

CaseChat Overview and Summary

Fang Li applied for review of a decision by the Refugee Review Tribunal, which had dismissed his application for a protection visa. The matter was heard in the Federal Court of Australia by Emmett J. The applicant, Fang Li, appeared in person and was represented by R. Beech-Jones, counsel, and the Australian Government Solicitor for the respondents. The legal issue before the court was the review of the Tribunal's decision under Division 2 of Part 7 of the Migration Act. The court examined whether there were any errors in the Tribunal's decision that warranted judicial review.

The court found that no new arguments or evidence had been presented by the applicant to support the grounds of review beyond what was previously considered in a similar application (NG 331 of 1996). The court had already ruled on the merits of the arguments in the earlier application and found them to be without merit. Consequently, the court dismissed the current application for the same reasons. The court did not deem it necessary to order costs in relation to the second application.

The judgment was given on 27 February 1997, and the court's reasons for dismissing the application were recorded in an ex tempore judgment. The court's decision was final and binding, affirming the Tribunal's dismissal of Fang Li's application for a protection visa.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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