When state silence becomes persecution: The case of domestic violence refugees in minister for immigration and multicultural affairs v Khawar

In Minister for Immigration and Multicultural Affairs v Khawar, the Federal Court upheld a finding setting aside the refusal of the Refugee Review Tribunal (RRT) to grant a protection visa to a Pakistani woman - Tribunal's failure to consider the notion that state tolerance of violence for discriminatory reasons could amount to persecution under the definition of 'refugee' in the Convention Relating to the Status of Refugees.

Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri

The case of Minister for Immigration and Multicultural and Indigenous Affairs v Al Masri examines the legality of the continued, and possibly indefinite, detention of an asylum seeker - in determining whether mandatory detention was in fact 'mandatory', and legally so, the Federal Court had to examine the complexity between statute, the Constitution and fundamental rights and freedoms at stake.