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Protection of the Migrants The case of Gerry Hagger

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cal opinion, is outside the country of his nationality, and is unable or, owing to such fear, is unwilling to avail of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Australia ratified the Convention on January 22, 1954, and the 1967 Protocol on December 13, 1973.In the case of Gerry Hagger who has been previously refused the grant of protection visa by the Department of Immigration and Australian Citizenship (DIAC), the next step is to resort to an application for review by the Refugee Review Tribunal (RRT). Although Hagger has a substantial ground for alleging persecution and afford himself an Australian protection visa, there are also a significant number of factors that will weigh down against granting him such kind of visa under the Australian Migration Act of 1958 and the Migration Regulations of 1994.Protection visas are initially treated under s 36 of the Migration Act of 1958, and one of the criteria for the granting of this kind of visa is s 36 (1) (a) where the applicant is a non-Australian and he or she satisfied the Minister that Australia is obliged under the Convention to extend to him the status of refugee. The obligation to extend a person’s protection is determinedby the definition of a refugee under Article 1 of the Convention. The determination of a person’s right to be granted a protection visa under Australian migration law does not however stop at Article 1 of the said Convention. Once such determination is made, the Migration Act of 1958 requires several qualifying factors to finally make such a person worthy of a protection visa. For one, under s 36 (4) (5 ) and (6), the applicant for refugee status must have seriously sought refugee status in other countries where he or she had previously resided or entered unless he had fears that he or she will be prosecuted in those countries.