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Avon Global Center for Women and Justice at Cornell Law School - Green Background

Country Details

Australia

  • Olga Dranichnikov v. Australia, Australia, Human Rights Committee, 2004.
    HRC held sex discrimination claim inadmissible for non-exhaustion of domestic remedies because of High Court judgment in petitioner's favor.
  • Minister for Immigration and Multicultural Affairs v. Khawar, Australia, High Court, 2002.
    A Pakistani citizen and her children applied for protection visas in Australia. The issue was whether Pakistan failed to provide protection against domestic violence and if this failure can be considered persecution (allowing refugee status). The Court found that the woman could be considered a part of a persecuted "social group" because women are a "distinct and recognizable group" and that failure to protect can be persecution if there is 1) "criminal conduct of private citizens" and 2) "codonation [sic] of such conduct by the state or its agents, in circumstances where the state has a duty to protect against such harm."