Pemaj v Minister for Immigration & Multicultural Affairs [2001] FCA 1658

FEDERAL COURT OF AUSTRALIA

Pemaj v Minister for Immigration & Multicultural Affairs [2001] FCA 1658 MIGRATION – protection visa – review of decision of Refugee Review Tribunal ("Tribunal") – existence of blood feud – no issue of principle Migration Act 1958(Cth) s 476(1)(e), s 476(1)(f) ENGJELL PEMAJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 78 OF 2001 GRAY, DOWSETT AND STONE JJ 21 DECEMBER 2001 SYDNEY (heard in Adelaide)

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 78 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ENGJELL PEMAJ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY, DOWSETT AND STONE JJ

DATE OF ORDER: 21 DECEMBER 2001

WHERE MADE: SYDNEY (heard in Adelaide)

THE COURT ORDERS THAT:

1. the appeal be dismissed; and

2. the appellant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 78 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ENGJELL PEMAJ

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY, DOWSETT AND STONE JJ

DATE: 21 DECEMBER 2001

PLACE: SYDNEY (heard in Adelaide)

REASONS FOR JUDGMENT THE COURT:

introduction 1 On 3 March 2000, the Refugee Review Tribunal ("Tribunal") affirmed the decision of a delegate of the respondent Minister refusing to grant a protection visa under the Migration Act 1958 (Cth) ("the Act") to the appellant. This is an appeal from a decision of a judge of this Court dismissing an application for an order of review of the Tribunal's decision.

background 2 The following summary of the background to this proceeding is largely taken from the reasons for judgment of the learned primary judge. The appellant, a citizen of Albania, arrived in this country on 24 January 1998 as part of a group of seven musicians. His family (mother, father, sister and wife) remains in Albania. On 7 May 1998, the appellant applied for a protection visa on the basis of events that took place in Albania after the appellant had left that country. 3 On 5 February 1998 the appellant's father was involved in a road accident that resulted in the death of a motor-cyclist, Vehbi Beqi. Although the Albanian police determined that his father was not at fault, it is claimed that the Beqi family holds the appellant's father responsible for the death and that this creates a blood debt that can only be satisfied by the appellant's death. The appellant claimed that the Beqi family had told his family that they were targeting the appellant. The appellant further claimed that he could not look to the State for protection as the police rarely take action in relation to blood debts.