SCAL v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 301

FEDERAL COURT OF AUSTRALIA

SCAL v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 301

MIGRATION – Refugees – Persecution by reason of membership of particular social group – Family as social group – Statutory requirement to disregard fear of persecution. Migration Act 1958 (Cth) s 91S Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 195 ALR 1 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574 cited Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 166 ALR 641 cited SDAR v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1102 cited Skenderaj v Secretary of State for the Home Department [2004] 4 All ER 555 cited Abebe v The Commonwealth (1999) 197 CLR 510 applied Kioa v West (1985) 159 CLR 550 applied Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied VBAU of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1288 applied Muin v Refugee Review Tribunal (2002) 76 ALJR 966 cited SCAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 568 OF 2003 CARR, FINN and SUNDBERG JJ 18 DECEMBER 2003 MELBOURNE (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 568 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SCAL

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CARR, FINN and SUNDBERG JJ

DATE OF ORDER: 18 DECEMBER 2003

WHERE MADE: MELBOURNE (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal be dismissed.