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Adjudication of asylum claims (refugee status determination / asylum procedures) / Discrimination based on race, nationality, ethnicity

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RRT Case No. 1010720

7 July 2011 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Credibility assessment - Discrimination based on race, nationality, ethnicity - Koreans - Persecution based on political opinion | Countries: Australia - China

China: 1. What is the status of Han Chinese living in Urumqi? Is there information in relation to whether a Han Chinese family would receive protection from the authorities if harassed by Uighurs? 2. Is it possible for a Han Chinese person with a Hukou registered in XUAR to return there at the present time? 3. Is there information regarding discrimination against Han Chinese from XUAR in other parts of China? 4. If a husband's Hukou is registered in Fujian province, are his Han Chinese wife from XUAR and her baby (born in Australia) entitled to live there? 5. Would a couple now be considered to be legally married in China, if their overseas marriage occurred when they were both 20 (below the marriageable age in China) and their child was born when they were 21? What ramifications might this have on the wife's ability to register a Hukou in the husband's province (Fujian)?

21 April 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

Myanmar: 1. Please provide background information on the nature of government and key administrative structures in Myanmar, including the basic history of the current governing regime, and information on the military intelligence in Myanmar. 2. Please provide information on the treatment of Chin Christians in Myanmar, with particular reference to whether they are prohibited from worshipping, whether they are prevented from erecting churches, and whether they are prohibited from celebrating Christian festivals, etc. 3. Please provide information on whether there is state or private discrimination against Christians and ethnic minority groups in Myanmar. 4. Deleted. 5. Deleted. 6. Is there any information to suggest that the military harass or discriminate against Chin Christian Ministers, or that the military authorities would torture, detain, or extract forced confessions from Chin Christian Ministers? 7. Please provide information on whether a Christian Minister who is regarded as being political is likely to be targeted by military authorities in Myanmar. 8. Deleted. 9. Deleted. 10. Deleted. 11. Please provide information on whether there are reports of the desecration of Christian crosses in the hills of Chin land. 12. Please provide information on whether immigration officials are reported as accepting bribes to permit Myanmar citizens to leave Myanmar to travel to the Philippines, or to extend passport validity in the Burmese embassy in the Philippines. 13. Please provide information on the extent to which information on the availability of protection visas in the Philippines is generally available within Manila. Please also provide information on the number of Myanmar refugees accepted by the Philippines from 2007 to 2010. Is there any information on the general level of awareness as to the availability of access to protection visas on the part of Christian pastors in Manila?

8 March 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

South Africa: 1. Please provide information on crime by black South Africans which is directed towards white South Africans. 2. Please provide information on relevant crime rates in Pretoria as compared to other major South African cities to assist me to consider the question of relocation. 3. Is state protection available for whites and white women? 4. Do police have the resources and ability to protect citizens? 5. Is there any information in relation to the claim that "there is a racial war (or genocide) going on"?

4 March 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

Turkey: 1. Please provide background on the history and characteristics of the Kurdish people in Gaziantep. 2. Please provide information on the treatment of Kurds in Turkey generally, and in Kurdish Hill a suburb of Gaziantep. Are they at risk of being harassed or ill-treated because they are characterised as being terrorists? 3. Please provide information on the major political parties in Turkey and in particular whether there are "pro-Kurdish parties". 4. Are Kurdish people prevented from speaking their native language? 5. Please provide information on the HADEP and whether a member of the Youth Branch of that party is likely to be targeted for harm. 6. Please provide information on Newroz Celebrations and is there information that anyone was beaten by police at the 2000 Newroz Celebrations? 7. Please confirm whether the HADEP was banned by the Turkish Court of Constitution and DEHAP became the new party for Kurds? 8. Is there any information to suggest that a Kurd in Turkey might be terminated from employment because of their political activities? 9. Is there information to suggest the police had members of the DTP under surveillance during the general election of July 2007? 10. Is there any information that the police raid the houses of members of the DTP and that the police take such members to the anti-terror unit of police headquarters? Is there any evidence that the police torture people when they interrogate them? 11. Is there any information indicating that towards the end of January 2010, police arrested many Kurds in Gaziantep and that they were tortured and threatened with killing if they did not cease their political activities? 12. Is there information that the police try to target political activists using "fascist" groups

4 March 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

Kenya: 1. Is there continuing ethnic tension in Kenya between the Kikuyu and Luo tribes? 2. To what extent do members of the Luo tribe suffer discrimination or harm from members of the Mungiki or from Kikuyu people generally? 3. What is the situation in this regard in the Mathare area of Nairobi? 4. Are there other areas of Nairobi or Kenya where people of the Luo tribe might be safe from tribal violence? 5. Do the Mungiki or the Kikuyu tribe practice female circumcision? 6. Are there any reports of Luo women being circumcised or threatened with circumcision by members of the Mungiki or the Kikuyu tribe? 7. Please provide information on the treatment of single women and their children by the state and by Kenyan society generally. 8. What protection is available to single women who might fear harm (including circumcision) or discrimination?

1 March 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

Bangladesh: 1. Please give a brief update on the situation for Chakmas in Bangladesh, in particular: (a) communities in the Chittagong Hills Tract (CHT); and (b) Chakmas living elsewhere (eg. Dhaka, Gazipur). 2. Please provide brief snapshots of the Hills Women's Federation, Pahari Chhatra Parishad (PCP), and the Parbatya Chattagram Jana Sanghati Samiti (PCJSS); their missions, relationship with one another and whether members are known to be at risk of mistreatment. 3. Do reports indicate whether the Bangladeshi Army or others target people involved in political debate or pro-Jumma activism outside the CHT? 4. Is the Bangladeshi Army known to arrest those who assist the CHT Commission during its visits to CHT locations? (The CHT Commission's views, and in particular, any comment on their August 2009 visit to Kamalchari, would be particularly useful.)

4 February 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

Kenya: 1. Please provide information on the Luo ethnic group in Kenya. 2. Is there any information to suggest that Muslim Nubian gangs operate without hindrance in places such as Kisumu? 3. Deleted. 4. What level of police protection is available in Kisumu?

5 January 2011 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

South Africa: 1. Please provide detailed information on the structure, organisation and effectiveness of the South African Police Service (SAPS) and other law enforcement bodies. Please include information on bodies or organisations with responsibility to oversee or hold the police accountable, as well as South Africa's judicial system. 2. Please provide detailed information on measures adopted by the South African authorities to combat family violence and protect victims. 3. Please provide detailed information on whether protection is available to all South Africans, regardless of their race, gender or HIV status. 4. Please provide detailed information on the level of public and private care and on-going treatment available to people with positive HIV status both in rural and urban centres, particularly in Cape Town. Please include information on recent changes in the attitude of the South African government towards HIV sufferers. 5. Please provide detailed information on the attitude of South Africans towards those with positive HIV status. Is there any evidence to suggest those sufferers are subjected to serious harm? 6. Please provide detailed information on xenophobic attacks on South Asians, particularly Indians, and Pakistanis, in South Africa. Please include information on the government's response and whether attacks, if any, have been geographically confined

25 November 2010 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

Germany: 1. Please obtain figures on migration to Germany or German citizens whose parents are immigrants. Please include details of countries of origin. 2. What evidence is there of discrimination and abuse of foreigners or children of foreign parents living in Germany. 3. Please provide some specific information in this regard about Wolfsburg in Lower Saxony, for example what kind of community it is and evidence of extremist far right groups there. 4. What has the government reaction been to far-right groups and groups that vilify foreigners or display racial hatred? Please include information on government law and policies, the police force and judiciary. 5. Is there evidence of far-right groups celebrating Hitler's birthday? 6. Are there any surveys available dealing with community attitudes to racism, migration etc in Germany?

17 November 2010 | Publisher: Australia: Refugee Review Tribunal | Document type: Query Responses

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