2016]
The Protection of Stateless Persons in Australian Law
439
Some decision-makers have sensibly considered the extent to which the
discrimination faced by the applicant is linked to both the applicant’s ethnicity and statelessness,202 enabling a more nuanced understanding of the link
between the discrimination faced by the applicant and the harm feared.203
Persecution under the Refugee Convention must also relate to at least one
of the five nominated grounds. In this respect, Australian decisions in which
stateless persons have been found to be refugees on account of circumstances
related to their statelessness (either solely or cumulatively) have relied upon:
1 Membership of a particular social group (eg, Bidoon in Iraq without
documentation);204
2 Imputed political opinion (eg, young Palestinian male in Lebanon);205
3 Nationality (eg, Palestinian: attribution of a nationality for the purpose of
self-identification, or identification by other groups, as a motivation for
persecution);206
4 Race (ethnicity) (eg, stateless Rohingya207 or Faili Kurd).208
There are also decisions in which protection has been refused, such as where
the applicant’s personal circumstances meant that the discrimination faced in
the country of former habitual residence as a stateless person was not
considered to amount to persecution.209 Protection has also been denied to
applicants who were found to be stateless, but whose claims were considered
(28 September 2009) [80]–[82] (Member Roushan); V03/15685 [2004] RRTA 214
(12 March 2004); cf the RRT’s reasoning recounted in SZSVT v Minister for Immigration
[2014] FCCA 768 (17 April 2014) [6]–[25] (Judge Barnes).
202
N05/51687 [2005] RRTA 179 (31 August 2005); 1215874 [2013] RRTA 585 (26 August 2013);
MZZMA v Minister for Immigration and Border Protection [2015] FCCA 125 (23 January
2015).
203
Cf SZTFX v Minister for Immigration [2014] FCCA 361 (18 February 2014) [20]–[21]
(Judge Cameron).
204
1004584 [2010] RRTA 797 (17 September 2010) [73], [79]–[80] (Member Roushan).
205
1101828 [2011] RRTA 411 (30 May 2011) [55], [66]–[67] (Member Roushan).
206
0909179 [2010] RRTA 200 (4 March 2010) [62]–[63] (Member Mathlin).
207
1107430 [2011] RRTA 790 (8 September 2011) [33], [35], [38] (Member Jacovides).
208
WZAPN v Minister for Immigration and Border Protection (2014) 229 FCR 477, 479 [5]
(North J).
209
1104332 [2011] RRTA 876 (21 October 2011) [95] (Member Roushan); 1100313 [2011]
RRTA 247 (1 April 2011) [48] (Member Roushan); 0904796 [2010] RRTA 1005 (15 November 2010) [73] (Member Boddison); BZADW v Minister for Immigration and Border Protection [2014] FCA 541 (26 May 2014) [6], [32] (Dowsett J).