SVMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1124

FEDERAL COURT OF AUSTRALIA

SVMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1124

MIGRATION – Protection visa – particular social group – blood feud – applicant claimed husband's family as relevant social group – blood feud began in 1945 – applicant's husband's grandfather persecuted for non-Convention reason – requirement under s 91S that decision maker disregard any fear of persecution held by the applicant as a result of the non-Convention related persecution of her husband's grandfather.

Migration Act 1958 (Cth) s 91S

SDAR v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1102 cited SCAL v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 548 cited SVMB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; PETER KATSAMBANIS, MEMBER REFUGEE REVIEW TRIBUNAL AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SAD 74 of 2004 LANDER J 2 SEPTEMBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 74 OF 2004

BETWEEN: SVMB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

PETER KATSAMBANIS, MEMBER REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 2 SEPTEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is 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 SAD 74 OF 2004

BETWEEN: SVMB

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS