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Chan and ors v The Minister for Immigration and Ethnic Affairs, Appeal judgment, FC 89/034, [1989] HCA 62, ILDC 2568 (AU 1989), (1989) 169 CLR 379, 9th December 1989, Australia; High Court [HCA]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 May 2019

Whether the determination of refugee status on the basis of a ‘well-founded fear’ of persecution under Article 1A(2) of the Refugee Convention should be made at the time when the applicant sought recognition of their refugee status or at the time the applicant escaped his or her country of nationality.

Whether, to recognize the refugee status of those with a legitimate fear of persecution, there had to be a ‘real chance’ of persecution.

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