SFQB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1189

FEDERAL COURT OF AUSTRALIA

SFQB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1189

MIGRATION – whether membership of a particular social group of itself can establish a well founded fear of persecution for Convention reasons without further enquiry – whether Parliament can limit the application of the Convention Relating to the Status of Refugees (Geneva, 28 July 1951) in applications for protection visas – validity and construction of s 91S Migration Act 1958 (Cth).

Migration Act 1958 (Cth) s 36(2), s 91S Migration Legislation Amendment Act (No 6) 2001 (Cth)

Convention Relating to the Status of Refugees done at Geneva on 28 July 1951

Minister for Immigration & Multicultural Affairs v Sarrazola [2001] FCA 263 referred to Sarrazola v Minister for Immigration & Multicultural Affairs [1999] FCA 101 referred to Giraldo v Minister for Immigration & Multicultural Affairs [2001] FCA 113 referred to SDAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1102 followed M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 199 ALR 290 cited Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273 cited QAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1038 followed SFQB, SFRB & SFSB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 13 of 2003 LANDER J ADELAIDE 28 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 13 OF 2003

BETWEEN: SFQB

FIRST APPLICANT

SFRB

SECOND APPLICANT

SFSB

THIRD APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 28 OCTOBER 2003