Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SDAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1102
MIGRATION – refugees – whether persecution of a family member as a result of conduct of another family member is persecution for reasons of membership of a particular social group – whether s 91S operates to deny protection obligations to a family member who is persecuted as a result of persecution of another family member for a non-convention reason – whether enactment of s 91S is a valid exercise of power by the Commonwealth Parliament
Migration Act 1958 (Cth) s 91S Acts Interpretation Act 1901 (Cth) s 15AA
Australian Constitution ss 51(xix), (xxvii) and (xxix)
Minister for Immigration and Multicultural Affairs v Sarrazola (2001) 107 FCR 184 - cited SAAS v Minister for Immigration and Multicultural Affairs [2002] FCA 726 - followed NAAV v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 228 – cited Grain Pool of Western Australia v The Commonwealth of Australia (2001) 202 CLR 409 – cited Victoria v The Commonwealth (1996) 187 CLR 416 – cited Re F; Ex parte F (1986) 161 CLR 376 - cited Bank of Western Australia Limited v Commission of Taxation (1995) 55 FCR 233 - cited SDAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 100 OF 2002 MERKEL J 6 SEPTEMBER 2002 MELBOURNE (HEARD IN ADELAIDE)
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 100 OF 2002
BETWEEN: SDAR
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICUTURAL AND INDIGENOUS AFFAIRS
RESPONDENT JUDGE: MERKEL J
DATE OF ORDER: 6 SEPTEMBER 2002
WHERE MADE: MELBOURNE (HEARD IN ADELAIDE)
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application.
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