SVNB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1125

FEDERAL COURT OF AUSTRALIA

SVNB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1125

MIGRATION – Protection visa – particular social group – blood feud – applicant claimed membership of family and membership of 'Albanian men' as relevant social group – blood feud began in 1945 – applicant'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 his 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 STXB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 860 cited SVNB V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS; PETER KATSAMBANIS, MEMBER, REFUGEE REVIEW TRIBUNAL AND PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL SAD 75 of 2004 LANDER 2 SEPTEMBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 75 OF 2004

BETWEEN: SVNB

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 for judicial review 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 75 OF 2004