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).

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