Minister for Immigration & Multicultural & Indigenous Affairs v VFAY [2003] FCAFC 191

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v VFAY

[2003] FCAFC 191 MIGRATION – Appeal from Magistrates Court – whether Refugee Review Tribunal erred in failing to consider whether unaccompanied minors in Afghanistan constituted a particular social group – RRT finding that even if there was such a group, any harm would not be by reason of the applicant's membership of the group – no jurisdictional error. Appeal from Magistrates Court – whether RRT erred in failing to consider whether unaccompanied minors in Afghanistan constituted a particular social group – RRT finding that "young males without a protector, guardian, or any other means of support" did not constitute a particular social group – no need to consider the alternative formulation. Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 29, 31, 36, 91R, 415, 417(1), 420, 457, 474 Migration Regulations 1994 (Cth), Sch 2 Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951 as amended by the 1967 Protocol, Arts 1A, 33 Convention on the Rights of the Child, Arts 20(1), 22(2) Plaintiff S157/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 195 ALR 24 cited Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Paul v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 396 cited Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 cited Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 cited Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 cited Minister for Immigration and Multicultural Affairs v Applicant S (2002) 70 ALD 354 cited Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 cited Saliba v Minister for Immigration and Ethnic Affairs (1998) 89 FCR 38 cited