Minister for Immigration & Multicultural Affairs v Applicant S [2002] FCAFC 244

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Applicant S [2002] FCAFC 244 MIGRATION – protection visa – respondent claimed fear of persecution by reason of membership of a "particular social group" – whether able-bodied Afghan males could comprise a "particular social group" – whether evidence before Refugee Review Tribunal supported claim that Afghan society perceived young able-bodied men as comprising separate group

Migration Act 1958 (Cth) ss 424, s 427(1)(d), 476(1)(b), 476(1)(c), 476(1)(e) Convention relating to the Status of Refugees 1951

Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574; (2002) ALJR 667; [2002] HCA 14 distinguished Minister for Immigration & Multicultural Affairs v Applicant Z [2001] FCA 1823 followed Mahmoodi v Minister for Immigration and Multicultural Affairs [2001] FCA 1090 referred to Applicant A v Minister for Immigration & Ethnic Affairs (1997) 190 CLR 225 referred to R v Immigration Appeal Tribunal, Ex parte Shah [1999] 2 AC 629 referred to Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 referred to Navarro v Canada (Minister of Citizenship and Immigration) [1994] FCJ No. 1963 referred to Applicant Z v Minister for Immigration & Multicultural Affairs [2001] FCA 881 referred to Applicant S v Minister for Immigration & Multicultural Affairs [2001] FCA 1411 referred to Applicant M v Minister for Immigration & Multicultural Affairs [2001] FCA 1412 referred to NAAT v Minister for Immigration & Multicultural Affairs [2002] FCA 332 referred to Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 not followed Luu v Renevier (1989) 91 ALR 39 not followed Kola v Minister for Immigration and Multicultural Affairs [2002] FCAFC 59 referred to