Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v SZCWF [2007] FCAFC 155 MIGRATION – application for a protection visa – Albanian blood feud – particular social group comprised of applicant's family – s 91S Migration Act 1958 (Cth) – Tribunal did not explicitly address criteria for application of s 91S – death of family member in exchange of fire – single incident may in context of blood feud constitute persecution – persecution not related to Convention reason – disregard persecution under s 91S WORDS AND PHRASES – "persecution""systemic and discriminatory conduct"
Migration Act 1958 (Cth) ss 91R, 91S Migration Legislation Amendment Act (No 6) 2001 (Cth)
Convention Relating to the Status of Refugees done at Geneva 28 July 1951 and the Protocol relating thereto done at New York on 31 January 1967 Art 1A
Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 applied Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 applied Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 discussed Minister for Immigration and Multicultural Affairs v Haji Ibrahim (2000) 204 CLR 1 discussed Mohamed v Minister for Immigration and Multicultural Affairs (1998) 83 FCR 234 cited Murugasu v Minister for Immigration and Ethnic Affairs [1987] FCA 414 discussed SCAL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 301 cited SDAR v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 124 FCR 436 cited STCB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 266 cited STCB v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 556 applied STYB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 295 cited MINISTER FOR IMMIGRATION & CITIZENSHIP v SZCWF AND REFUGEE REVIEW TRIBUNAL NSD709 OF 2007
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