Chan Yee Kin v. Minister for Immigration and Ethnic Affairs

Abstract

Aliens — Refugees — Refugee status — Criteria for refugee status — Well-founded fear of persecution — Subjective and objective elements — Notion of persecution — Selective harassment — Date of determination of refugee status — Change of circumstances since applicant for refugee status first fled country concerned — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967

Treaties — Interpretation — Extrinsic material — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Interpretation of the term “refugee” — United Nations High Commissioner for Refugees’ Handbook on Procedures and Criteria for Determining Refugee Status — Utility as aid to interpretation of Convention and Protocol — The law of Australia