References: [2003] HCA 71, [2003] 216 CLR 473, [2003] 203 ALR 112, [2003] 78 ALJR 180
Links: Austlii
Coram: McHugh, Kirby JJ
(High Court of Australia) McHugh and Kirby JJ said: ‘Persecution covers many forms of harm ranging from physical harm to the loss of intangibles, from death and torture to state sponsored or condoned discrimination in social life and employment. Whatever form the harm takes, it will constitute persecution only if, by reason of its intensity or duration, the person persecuted cannot reasonably be expected to tolerate it.’
This case is cited by:
- Cited – HJ (Iran) -v- Secretary of State for The Home Department; HT (Cameroon) -v- Same SC (Bailii Summ, UKSC 2009/0054, SC Summary, SC, Bailii, [2010] UKSC 31, [2010] WLR (D) 174, WLRD, [2010] 3 WLR 386)
The claimants sought to prevent their removal and return to their countries of origin saying that as practising homosexuals they would face discrimination and persecution. They appealed against a judgment saying that they could avoid persecution by . . - Cited – RT (Zimbabwe) and Others -v- Secretary of State for The Home Department SC (Bailii, [2012] UKSC 38, Bailii Summary, UKSC 2011/0011, SC, SC Summary, [2012] Imm AR 1067, [2012] 3 WLR 345, [2012] INLR 562, [2013] 1 AC 152, [2012] 4 All ER 843, [2012] WLR(D) 226, WLRD)
The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime.
Held: The Secretary of State’s appeals failed. The HJ . .
