Minister for Immigration & Multicultural Affairs v Khawar [2000] FCA 1130

FEDERAL COURT OF AUSTRALIA

Minister For Immigration & Multicultural Affairs v Khawar [2000] FCA 1130

MIGRATION – Refugee – Pakistani woman having a well-founded fear of violence from her husband and members of his family because of personal, family considerations – repeatedly seeking but failing to receive police protection – whether she feared "persecution" "for reasons of" "membership of a particular social group" for purposes of definition of "refugee" in Article 1A(2) of the Convention Relating to the Status of Refugees – relevance of issue of "hate or enmity" or other "attitude" of state as reason for failure to provide protection – whether Tribunal erred in law in thinking further inquiry otiose in view of fact husband and his family motivated by personal, family considerations.

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 considered Chen v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 applied Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 discussed Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 144 ALR 567 referred to Cheng v Canada [1993] 2 FC 314 referred to Chan v Canada [1993] 3 FC 675 referred to Attorney-General (Canada) v Ward (1993) 103 DLR (4th) 1 discussed Re Mayers and Minister of Employment and Immigration (1992) 97 DLR (4th) 729 discussed Sanchez-Trujillo v INS 801 F 2d 1571 (9th Cir.1986) discussed Fatin v Immigration & Nationalization Service 12 F3d 1233 (3rd Cir. 1993) considered Lwin v Immigration & Nationalization Service 144 F 3d 505 (7th Cir 1998) discussed Sharif v Immigration & Nationalization Service 87 F 3d 932 (7th Cir 1996) referred to Gomex v Immigration & Nationalization Service 947 F 2d 660 (2d Cir. 1991) referred to Islam v Secretary of State for the Home Department [1999] 2 AC 629 followed Basa v Minister for Immigration and Multicultural Affairs [1998] FCA 830 distinguished Minister for Immigration and Multicultural Affairs v Ndeje [1999] FCA 783 Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 166 ALR 641 cited Horvath v Secretary of State for the Home Department, unreported, House of Lords, 6 July 2000 discussed MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v NAIMA KHAWAR AND ORS N 1379 OF 1999 HILL, MATHEWS AND LINDGREN JJ 23 AUGUST 2000 SYDNEY