Appellant S395/2002 v Minister for Immigration and Multicultural Affairs; 9 Dec 2003

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.’
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