Minister for Immigration and Multicultural and Indigenous Affairs v SVBB [2005] FCAFC 12

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural and Indigenous Affairs v SVBB [2005] FCAFC 12

MIGRATION – refugee status – membership of a particular social group – whether fear of persecution to be disregarded –respondent an Albanian national – blood feud – respondent's father fearful of revenge killing – respondent's fear of persecution arising as a result of father's fear of persecution for non-Convention reason – fear of persecution to be disregarded under s 91S of the Migration Act 1958 (Cth).

Migration Act 1958 (Cth), s 91S

SDAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1102 cited SCAL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 548 cited SCAG v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 302 cited SCAL v Minister for Immigration & Multicultural and Indigenous Affairs [2003] FCAFC 301 cited STCB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 266 followed MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v SVBB SAD 170 of 2004 SPENDER, HEEREY AND LANDER JJ 22 FEBRUARY 2005 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD170 OF 2004

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

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: SVBB

RESPONDENT

JUDGES: SPENDER, HEEREY AND LANDER JJ

DATE OF ORDER: 22 FEBRUARY 2005

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The orders made by the primary judge on 9 July 2004 are set aside. 3. The application for a review of the decision of the Refugee Review Tribunal dated 9 February 2004 and notified to the respondent on or about 2 March 2004 is dismissed. 4. The respondent to pay the appellant's costs of the application for review. 5. The respondent to pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.