SHHB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 539

FEDERAL COURT OF AUSTRALIA

SHHB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 539 SHHB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SAD 39 of 2005 MANSFIELD J 26 APRIL 2005 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 39 OF 2005

BETWEEN: SHHB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 26 APRIL 2005

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The time within which the applicant may appeal from the decision of a Federal Magistrate given on 6 July 2004 be extended to 29 April 2005. 2. The applicant be granted leave to join the Refugee Review Tribunal as a party to the appeal. 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 39 OF 2005

BETWEEN: SHHB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE: 26 APRIL 2005

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 This is an application for an extension of time within which to appeal from a decision of a Federal Magistrate given on 6 July 2004. The learned Magistrate refused to quash a decision of the Refugee Review Tribunal (the Tribunal) given on 25 February 2003. The Tribunal affirmed a decision of a delegate of the respondent not to grant to the applicant a protection visa under the Migration Act 1958 (Cth) (the Act). The application for an extension of time within which to appeal was filed only on 16 February 2005, some six months or so after the time within which an appeal as of right might have been instituted. 2 It is necessary to note only briefly the facts. The applicant is Albanian. He claimed to be eligible for a protection visa because he is a refugee as defined in Art 1A(2) of the Refugees Convention as amended by the Refugees Protocol (the Convention). He claimed to be a refugee by reason of his membership of a particular social group, and that he feared persecution by reason of his membership of that social group. In essence, his claim was that he feared persecution by reason of a blood feud following an incident which occurred on 2 October 1997. The learned Magistrate, by reason of s 91S of the Act, determined that there was no well-founded fear of persecution and so affirmed the decision of the Tribunal.