2016]
The Protection of Stateless Persons in Australian Law
435
Table 5: Ethnicities and Receiving Countries of Former Habitual Residence
Ethnicity
‘Receiving country’
Faili Kurd
Iraq and Iran
Palestinian
‘West Bank/Gaza’, Israel and ‘Occupied Territories’,
‘Palestine Territories’, Syria, Qatar, Jordan,
United Arab Emirates and Lebanon
Rohingya
Myanmar
Bidoon
Iraq and Kuwait
Hathaway and Foster suggest that:
Insofar as a stateless person has more than one country of former habitual residence, it suffices for her to meet the well-founded fear test in relation to one of
those states, and to show that she is not able to return to, and receive protection
in, any other country of former habitual residence.182
However, in the decisions we examined where the applicant potentially had
more than one country of former habitual residence, the decision-maker did
not always explore this.183 In one decision, the decision-maker recognised the
possibility that a stateless person could have more than one country of former
habitual residence, but found that the relevant country was the one with
which the applicant’s relationship was ‘more broadly comparable to that
between a citizen and his or her country of nationality’.184
182
Hathaway and Foster, above n 7, 75. See also UNHCR, Handbook on Protection of Stateless
Persons, above n 20, 11 [18].
183
1311115 [2013] RRTA 822 (25 November 2013); 1113737 [2012] RRTA 958 (25 October
2012); MZZQN v Minister for Immigration and Border Protection [2014] FCCA 2886 (10
December 2014).
184
1215874 [2013] RRTA 585 (26 August 2013) [104] (Member Fordham).