Minister for Immigration and Multicultural Affairs v Shtjefni [2001] FCA 1323

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v Shtjefni

[2001] FCA 1323

MIGRATION – refugees – persecution – whether family is a particular social group – whether fear of persecution for reason of family membership

WORDS & PHRASES – "particular social group"

Convention Relating to the Status of Refugees 1951 Art 1A(2) Al-Busaidy v Canada (Minister of Employment and Immigration) 31 ACWS (3d) 457 A.C.W.S.J. LEXIS 29598 (1992) – referred to Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 - applied Campos v Minister of Citizenship and Immigration 1997 Fed Ct Trial LEXIS 695 – referred to Castellanos v Solicitor General of Canada [1995] 2 FC 190 – referred to Castillo v Immigration and Naturalisation Service 242 F 3d 1169 (9th Cir 2001) – referred to Gebremichael v Immigration and Naturalization Service 10 F 3d 28 (1st Cir 1993) – referred to Giraldo v Minister for Immigration and Multicultural Affairs [2001] FCA 113 - applied Minister for Immigration and Multicultural Affairs v Sarrazola (no. 4) [2001] FCA 263 - followed Minister for Immigration and Multicultural Affairs v Zamora (1998) 85 FCR 458 - applied Montoya v Canada 48 ACWS (3d) 391 (1994) – referred to Sanchez-Trujillo v Immigration and Naturalization Service 801 F 2d 1571 (9th Cir 1986) – referred to Sarrazola v Minister for Immigration and Multicultural Affairs [1999] FCA 101 - applied Vyramuthu v Canada 53 ACWS (3d) 385 (1995) – referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v CIN SHTJEFNI, LEONIA SHTJEFNI and ALDI SHTJEFNI V 739 of 2001 FINKELSTEIN J MELBOURNE 17 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 739 of 2001

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Applicant