Thalary, Mary Gnana Pushpa v Minister for Immigration & Ethnic Affairs [1997] FCA 201

CATCHWORDS IMMIGRATION - review - whether inability to obtain a government position for reasons of religion and political belief amounts to persecution - whether in the circumstances it is reasonable for the applicant to relocate to another part of her country of origin - whether 'single women in India' constitutes a social group - whether denial of the 'right' to proselytise amounts to persecution - application allowed and matter referred back to Tribunal for further findings. Migration Act 1958 ss 476(1)(e), 476(1)(f), 476(1)(g) and 476(4)(a) and (b) Handbook on Procedures and Criteria for Determining Refugee Status, Office of the United Nations High Commissioner for Refugees, January 1992 The Law of Refugee Status, Professor Hathaway, Chapter 4, Butterworths 1991 Minister for Immigration and Ethnic Affairs v Mohinder Singh (Full Court, Federal Court, 24 January 1997, unreported) Dai Xing Yao v Minister for Immigration and Ethnic Affairs (Full Court, Federal Court, 18 September 1996, unreported) Szelagowicz v Stocker (1994) 35 ALD 16 Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414 Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511 Xiang Sheng Li v Refugee Review Tribunal (Sackville J, 23 August 1996, unreported) Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Applicant A v Minister for Immigration and Ethnic Affairs (High Court, 24 February 1997, unreported) Morato v Minister for Immigration, Local Government and Ethnic Affairs (1992) 39 FCR 401 Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Randhawa v Minister for Immigration and Ethnic Affairs (1994) 35 ALD 1 No SG 45 of 1996 MARY GNANA PUSHPA THALARY v THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Mansfield J Adelaide 4 April 1997