Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 290 of 1998
BETWEEN: CHUMKAUR SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: hely j
DATE OF ORDER: 14 December 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed with costs Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 290 of 1998
BETWEEN: CHUMKAUR SINGH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: HELY J
DATE: 14 DECEMBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT HELY J: The applicant is a successful businessman in the Punjab, and a citizen of India. He left India on 18 March 1995, and arrived in Australia on the following day. On 18 April 1995 he applied for a protection visa. The grounds on which he made that application were that he fears that he would be killed if returned to India because of his affiliations with the Akali Dal (Mann) Party, and because of this affiliation, he has been targeted and listed by the security forces.
Background The applicant is a member of the Sikh religion. There is a large concentration of Sikhs in the Punjab. In 1983 Sikh opposition groups emerged demanding the formation of a separate state; a decade of bloodshed and violence followed; there were waves of anti-Sikh riots which resulted in the deaths of over 10,000 Sikhs. Extensive human rights abuses took place in the Punjab at the height of the separatist movement. These abuses were committed by both the militants, and by government forces and frequently resulted in harm to persons who had very little, if any direct connection with the conflict. The police forces engaged in arbitrary arrest, illegal imprisonment, torture, disappearances of citizens and suspected militants and massacres both of innocent persons and suspected militants. In mid 1984 Operation Bluestar took place. This involved the assault by the Indian army on one of the holiest of the Sikh religious shrines, and was followed by the assassination of Prime Minister Indira Ghandi by two Sikh bodyguards. This event, in particular, precipitated the riots and violence referred to in the preceding paragraph. "The remainder of the decade through to the early part of the 1990's saw what Human Rights Watch has described as one of the bloodiest chapters in India's post-independence history" (p 6 – RRT).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate