High Court of Australia

Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14

210 CLR 1; 76 ALJR 667; 187 ALR 574

11 Apr 2002

Case Number: S128/2001

Before

Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ

Catchwords

Immigration – Refugees - Application for protection visa - Well-founded fear of persecution - Applicant, a citizen of Pakistan, allegedly victim of domestic violence at the hands of her husband and his family - Whether failure by State to provide effective police protection against domestic violence capable of constituting persecution for a Convention reason where the feared violence is perpetrated by non-State agents for non-Convention reasons - Whether Convention requirement that putative refugee be "unwilling to avail himself of the protection" of the country of nationality refers to protection by the State within the country of origin or to diplomatic or consular protection available to citizens who are outside the country of origin - Whether selective or discriminatory failure by State to enforce the criminal law against non-State actors who assault members of a particular social group capable of constituting persecution under the Convention.

Immigration – Refugees - Application for protection visa - Membership of a particular social group - Applicant, a citizen of Pakistan, allegedly victim of domestic violence at the hands of her husband and his family - Whether "women in Pakistan" a particular social group - Whether applicant may fall within a more narrowly defined social group.

Words and phrases – "persecution", "particular social group".

Migration Act 1958 (Cth) – s 36(2).

Convention relating to the Status of Refugees – art 1A(2).

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