MIMA v Wang S90/2001

The High Court of Australia heard an appeal in *Minister for Immigration and Multicultural Affairs v Wang* (S90/2001). The appeal concerned the lawfulness of a decision by the Minister for Immigration and Multicultural Affairs to refuse to grant a protection visa to Mr. Wang, a citizen of the People's Republic of China. Mr. Wang had arrived in Australia claiming to fear persecution in his home country due to his involvement in the Tiananmen Square protests.

The central legal issue before the High Court was whether the Minister, in assessing Mr. Wang's claim for a protection visa under the *Migration Act 1958* (Cth), had adequately considered the evidence of past persecution and the real chance of future persecution. Specifically, the Court had to determine if the Minister's assessment was affected by an error of law, particularly in relation to the application of the "real chance" test for future persecution.

The Court found that the Minister's delegate had failed to properly assess the evidence relating to Mr. Wang's past persecution and its potential to lead to future persecution. The delegate had, in effect, treated the past persecution as a discrete event rather than as a factor informing the likelihood of future harm. The High Court reiterated that the assessment of future persecution requires a holistic consideration of all relevant factors, including past experiences, and that a failure to do so constitutes an error of law. The appeal was allowed, and the matter was remitted to the Federal Court for further consideration.