Immigration – Refugees - Well-founded fear of persecution - Section 91R(1) of the Migration Act 1958 (Cth) required that persecution involve "serious harm to the person" - Serious harm defined to include "threat to the person's life or liberty" - Whether "threat to the person's life or liberty" referred to likelihood of death or deprivation of liberty, or communication of intention to kill or deprive of liberty - Whether expression of intention to harm sufficient to constitute "serious harm".
Immigration – Refugees - Application for protection visa - Whether Refugee Review Tribunal made findings of fact favourable to the appellant so as to call into operation s 91R of the Migration Act 1958 (Cth).
Words and phrases – "threat", "threat to the person's life or liberty", "serious harm".
Migration Act 1958 (Cth) s 91R(1)(b) – (2).
Judgment date
Case number
M81/2006
Before
Gleeson CJ, Gummow, Kirby, Callinan, Heydon JJ
Catchwords