Case Law

whether the meaning of “a national” as appears in the definition of “receiving country” in s 5 of the Migration Act 1958 (Cth) applies to a person who does not have a present status of a citizen of another country but is capable of acquiring that status – meaning does not apply in such a circumstance

24 June 2019 | Judicial Body: Australia: Federal Court | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Australia - India - Sri Lanka

12 November 2013 | Judicial Body: Australia: Federal Court | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Well-founded fear of persecution | Countries: Australia - India

12 May 2011 | Judicial Body: Australia: Federal Court | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Religious persecution (including forced conversion) - Social group persecution | Countries: Australia - India

22 July 2010 | Judicial Body: Australia: Federal Court | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Australia - India

4 June 2010 | Judicial Body: Australia: Federal Court | Topic(s): Christian - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Religious persecution (including forced conversion) - Rule of law / Due process / Procedural fairness - Witnesses | Countries: Australia - India

4 June 2010 | Judicial Body: Australia: Federal Court | Topic(s): Christian - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Religious persecution (including forced conversion) | Countries: Australia - India

9 March 2010 | Judicial Body: Australia: Federal Court | Topic(s): Credibility assessment - Standard of proof | Countries: Australia - India

12 November 2009 | Judicial Body: Australia: Federal Court | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion | Countries: Australia - India

17 August 2009 | Judicial Body: Australia: Federal Court | Topic(s): Catholic - Christian - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Religious persecution (including forced conversion) - Social group persecution - Standard of proof | Countries: Australia - India

28 May 2009 | Judicial Body: Australia: Federal Court | Topic(s): Credibility assessment - Persecution based on political opinion - Political groups | Countries: Australia - India