Australia (2002), High Court

Australia (2002), High Court

Minister for Immigration and Multicultural Affairs v. Khawar
[2002] HCA 14 S128/2001

The woman seeking asylum claimed that Pakistan failed to provide protection against domestic violence, which constitutes a form persecution. The Court found failure to protect can be considered persecution if the criminal conduct of private citizens is condoned by the state.

“Ms Khawar's case is that she was a victim of serious and prolonged domestic violence on the part of her husband and members of his family, that the police in Pakistan refused to enforce the law against such violence or otherwise offer her protection, and that such refusal is part of systematic discrimination against women which is both tolerated and sanctioned by the state.”(Quoted form Original Judgment)

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