Type:	Journal Article
Title:	When state silence become persecution: the case of domestic violence refugees in Minister for Immigration and Multicultural Affairs v Khawar
Other Titles:	University of Queensland law journal
Authors:	Lusk, Nikola
Keywords:	Human rights
Categories:	Culturally and Linguistically Diverse / Migrant / Refugee communities
Year:	2001
Publisher:	University of Queensland Press
Citation:	21 (2), Annual 2001
Notes:	Sets out the facts and decision in the recent case of Minister for Immigration and Multicultural Affairs v Khawar in which a denial by the Refugee Review Tribunal to grant a protection visa to a Pakistani woman was overturned by the Federal Court on the basis that the Tribunal had failed to consider whether State tolerance of violence against refugees amounted to persecution under Article 1A(2) of the Convention Relating to the Status of Refugees. The leading judgement of Lindgren J and the dissent of Hill J are discussed and it is argued that the decision represents a broadening of the meaning of ‘persecution’ under the Convention to include less direct forms of State discrimination, making it possible for links to be drawn between individual experiences of domestic violence and persecution under the Convention as a member of a particular social group. It is noted, however, that the definition of a ‘particular social group’ remains unclear and that this will need to be addressed in any similar cases in the future.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12792
ISSN:	834041
Appears in Collections:	Journal Articles

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