SYLB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 942

FEDERAL COURT OF AUSTRALIA

SYLB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 942 MIGRATION – application for review of decision of Refugee Review Tribunal – internal flight alternative – relocation – whether Tribunal failed to ask itself the right questions MIGRATION – application for review of decision of Refugee Review Tribunal – particular social group – women who have been victims of sexual violence and their families

Migration Act 1958 (Cth)

Applicant S v Minister for Immigration and Multicultural Affairs (2004) 206 ALR 242 referred to Craig v South Australia (1995) 184 CLR 163 applied Hoxha v Secretary of State for the Home Department [2005] UKHL 19 referred to Karanakaran v Secretary of State for the Home Department [2003] 3 All ER 449 referred to Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 205 ALR 487 applied NAIZ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 37 referred to R v Immigration Appeal Tribunal; Ex parte Jonah [1985] Imm AR 7 referred to Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 applied

JC Hathaway, The Law of Refugee Status, Butterworths Pty Ltd, 1991 SYLB AND SYMB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SAD 38 of 2005 BRANSON J 8 JULY 2005 SYDNEY (HEARD IN ADELAIDE)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY SAD 38 of 2005

BETWEEN: SYLB

FIRST APPLICANT

SYMB

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 8 JULY 2005

WHERE MADE: SYDNEY (HEARD IN ADELAIDE)