Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STQB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 882 STQB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS No S 18 of 2004 FINN J ADELAIDE 8 JULY 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 18 OF 2004
BETWEEN: STQB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 8 JULY 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed. 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 18 OF 2004
BETWEEN: STQB
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: FINN J
DATE: 8 JULY 2004
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 This is an unhappy proceeding. 2 At the time of his departure from Afghanistan the applicant, a young Hazara, Shi'a Muslim male, had a well founded fear of persecution by the Taliban. With the overthrow of the Taliban regime the applicant, though outside his home country, has had to adapt his claims to refugee status to accommodate the changed circumstances in Afghanistan. He is now either 17 or 18 years old. He is without family in Australia and is unable to locate his family in Afghanistan. 3 Unsurprisingly his evidence to the Refugee Review Tribunal at the time of hearing leading to the decision under review in this proceeding under s 39B of the Judiciary Act 1903 (Cth), was unhelpful. His case necessarily was such as his migration adviser could make on his behalf. The short issue raised in this proceeding is: "What was that case?" The applicant claims that the Tribunal misdescribed its basis and in so doing committed a jurisdictional error. That error related to the description of the "particular social group" to which he claims to have belonged and by reason of which he has a well founded fear of persecution.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate