Immigration law – Refugees - Appeal from decision of Refugee Review Tribunal - Application on behalf of minor by his next friend for grant of protection visa - Application refused - Appellant "black child" under the one child policy of the People's Republic of China - Unchallenged finding by Refugee Review Tribunal that appellant would suffer serious disadvantage amounting to persecution - Whether "black children" constituted a "particular social group" for the purposes of the Convention relating to the Status of Refugees - Whether appellant faced persecution "for reasons of" membership of such a group or by reason of parents' conduct in contravening the one child policy - Whether persecution can arise in the absence of "enmity" or "malignity".
Word and phrases – "persecution" - "for reasons of" - "membership of a particular social group".
Migration Act 1958 (Cth) – ss 36(2), 65(1), 481(1)(b).
Convention relating to the Status of Refugees (1951) – Art 1A (2).
Protocol relating to the Status of Refugees (1967).
Judgment date
Case number
P41/1999
Before
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne JJ
Catchwords