SBWC v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1104

FEDERAL COURT OF AUSTRALIA

SBWC v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1104 MIGRATION – applicant a convicted child sex offender – resident visa cancelled under s 501 of Migration Act 1958 (Cth) – applicant applied unsuccessfully for protection visa – applicant claimed well-founded fear of persecution for reason of membership of a particular social group being "persons who had been convicted of sexual offences on children" – Tribunal rejected application on ground that claimed group not a particular social group for purpose of Refugees Convention

Held: The Court inferred that there was a jurisdictional error in that the Tribunal engaged in an erroneous analysis of what constitutes a "group" and failed to address whether the group was a particular social group in India

Migration Act 1958 (Cth) s 501 Federal Court Rules O 80

Applicant S v Minister for Immigration & Multicultural Affairs (2004) 217 CLR 387 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Ram v Minister of Immigration and Ethnic Affairs (1995) 57 FCR 565 SBWC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL No SAD 266 of 2005

FINN J

22 AUGUST 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 266 OF 2005

BETWEEN: SBWC

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: FINN J

DATE OF ORDER: 22 AUGUST 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: