s 5J(1) interpreted

Federal Court. Is a random act of criminal violence "persecution" for the purposes of s 5J(1) of the Migration Act 1958 (Cth)? If not, but such random acts are committed for reasons of race, religion, nationality, political opinion or membership of a particular social group and those acts are tolerated by State authorities resulting in a systematic failure to apply the law to the perpetrators, can there be persecution for the purposes of s 5J(1)?

Some of the questions to the Federal Court (FCA) were as follows:

Question 1: Is a random act of criminal violence "persecution" for the purposes of s 5J(1) of the Migration Act 1958 (Cth)?

Question 2: If the answer to Question 1 is "no", but such random acts are committed for reasons of race, religion, nationality, political opinion or membership of a particular social group and those acts are tolerated by State authorities resulting in a systematic failure to apply the law to the perpetrators, can there be persecution for the purposes of s 5J(1)?

The FCA answered those questions as follows:

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