SVTB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 104

FEDERAL COURT OF AUSTRALIA

SVTB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 104 MIGRATION – protection visa – whether well-founded fear of persecution – particular social group accepted as single women in Albania without male protection – whether appellant faced a real chance of being sexually assaulted or trafficked by reason of her membership of that group – adequacy of state protection

Migration Act 1958 (Cth) Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 cited Minister for Immigration and Multicultural Affairs v Khawar (2002) (2002) 210 CLR 1 cited Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 cited Appellant S395/2002 v Minister for Immigration & Multicultural Affairs (2003) 216 CLR 473 cited Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration & Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 cited Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389 cited SVTB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL SAD 5 of 2005 MARSHALL, MANSFIELD & STONE JJ 3 JUNE 2005 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 5 OF 2005

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

BETWEEN: SVTB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: MARSHALL, MANSFIELD & STONE JJ

DATE OF ORDER: 3 JUNE 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay to the first respondent her costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.