FED: Minister loses appeal over Pakistani domestic violence case

AAP General News (Australia)
08-23-2000
FED: Minister loses appeal over Pakistani domestic violence case

SYDNEY, Aug 23 AAP - Federal Immigration Minister Philip Ruddock today lost an appeal
over a refugee claim by a Pakistani domestic violence victim.

In a majority decision, the Federal Court upheld a judge's ruling that the case of
Naima Khawar should be sent back to the Refugee Review Tribunal for further consideration
"according to law".

The tribunal had refused to grant protection visas to Ms Khawar and her three children,
who fled Pakistan in 1997 to escape violence from her alcoholic husband and to a lesser
extent, his family.

"The violence included slappings, beatings, which led to her hospitalisation, a threat
to throw acid on her and a threat to kill her by setting fire to her," the court said.

"On one occasion, an attempt to set fire to her commenced when she was doused with petrol,
an activity which stopped when a neighbour arrived in response to the screams of Ms Khawar
and her children."

She gave evidence that nothing had been done after she went to police four times to
report the violence, once being told women always tried to blame their husband for problems
of which they were the real cause.

To gain refugee status, an applicant has to be found to have a well-founded fear of
being persecuted for their "membership of a particular social group".

In rejecting her application, the tribunal found her fears of violence related to private,
personal, family considerations.

She had argued that because the "private" violence was tolerated by and apparently
sanctioned by the State, there was a public dimension to the violence.

In allowing her appeal a federal judge had ordered the tribunal to rehear the case,
referring particularly to its failure to determine whether Ms Khawar was a member of a
particular social group.

The judge said the tribunal's belief that it was unnecessary to determine her social
standing may explain why it did not consider information on the status of women and the
prevalence of domestic violence against them in Pakistan.

The judge said the tribunal had failed to consider Ms Khawar's evidence that her husband
had said, in effect, that police could do nothing about his violence towards her.

But the minister went to the full bench of the Federal Court appealing the judge's
ruling, but two of the three judges dismissed his challenge.

AAP mss/jw/gmw

KEYWORD: KHAWAR

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