Minister for Immigration & Multicultural Affairs v Applicant Z [2001] FCA 1823

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Applicant Z [2001] FCA 1823 MIGRATION - protection visa - application for review of decision of Judge remitting matter to Refugee Review Tribunal - respondent claimed fear of persecution by reason of his membership of a "particular social group" - whether able-bodied Afghan males could amount to a "particular social group" - whether a general policy of recruitment could amount to persecution - whether causal nexus between membership of social group and fear of persecution - whether the "particular social group" could be defined without reference to persecutory conduct - whether recognisable social group with common attributes - whether there was a public perception that able-bodied Afghan males were a distinct social group WORDS & PHRASES -"particular social group" Statutes Migration Act 1958 (Cth) s 476(1)(e) Cases Abebe v Commonwealth (1999) 197 CLR 510 Cited Applicant A v Minister for Immigration and Multicultural Affairs (1997) 190 CLR 225 Applied Applicant M v Minister for Immigration and Multicultural Affairs [2001] FCA 1412 Not Followed Applicant S v Minister for Immigration and Multicultural Affairs [2001] FCA 1411 Not Followed Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 Cited Islam v Secretary of State for the Home Department [1999] 2 AC 629 Considered Mahmoodi v Minister for Immigration and Multicultural Affairs [2001] FCA 1090 Approved Minister for Immigration and Multicultural Affairs v Khawar (2000) 101 FCR 501 Referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 75 ALJR 1105; 180 ALR 1 Applied Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 Considered Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 Applied Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v APPLICANT Z W 343 of 2001 SACKVILLE, KIEFEL & HELY JJ BRISBANE (HEARD IN PERTH) 19 DECEMBER 2001