SCAL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 548

FEDERAL COURT OF AUSTRALIA

SCAL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 548

MIGRATION – Refugee Review Tribunal – whether the applicant is a refugee – Albanian national – claim based on fear of revenge killing under blood feud – particular social group – whether the social group is the applicant's family or some wider group – whether applicant's fear to be disregarded under s 91S of the Migration Act 1958 (Cth)

Migration Act 1958 (Cth) s 91S

Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574 cited SDAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1102 followed SAAS v Minister for Immigration & Multicultural Affairs [2002] FCA 726 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S 134/2002 (2003) 195 ALR 1cited Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 considered Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 166 ALR 641 considered Bank of Western Australia Ltd v Commissioner of Taxation (1994) 55 FCR 233 cited SBBS v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 194 ALR 749 Minister for Immigration & Multicultural & Indigenous Affairs v SBAN [2002] FCAFC 431 cited SCAS v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 397 cited SCAL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 60 of 2002 von DOUSSA J ADELAIDE 5 JUNE 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 60 OF 2002

BETWEEN: SCAL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 5 JUNE 2003

WHERE MADE: ADELAIDE