SZBJH v Minister for Immigration and Citizenship [2008] FCA 501

FEDERAL COURT OF AUSTRALIA

SZBJH v Minister for Immigration and Citizenship [2008] FCA 501

MIGRATION – where Tribunal considered particular social group of "Sikh landowners" – where appellant had precisely identified the social group of which he claimed he was a member as being "Punjabi Sikh Jatt land owner" – whether in assessing appellant's claim against the wider social group the Tribunal assessed the narrower claim – whether the issue of State protection was considered in relation to the particular social group of which the appellant claimed to be a member – appeal allowed. Migration Act 1958 (Cth) Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1cited SZEOP v Minister for Immigration and Citizenship [2007] FCA 807 cited SZGGT v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 435 cited SVTB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 104 cited SZBJH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD1641 OF 2007

LANDER J

21 APRIL 2008

ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1641 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBJH

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: LANDER J DATE OF ORDER: 21 APRIL 2008

WHERE MADE: ADELAIDE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The orders of the Federal Magistrates Court made on 3 August 2007 be set aside and in lieu thereof: (a) there be an order quashing the decision of the second respondent made on 21 March 2007 and handed down on 12 April 2007; (b) there be an order remitting the applicant's application for judicial review of the decision made by the delegate of the first respondent on 28 June 2002 to refuse the applicant a Protection (Class XA) visa to the second respondent to be dealt with according to law; (c) the first respondent pay the applicant's costs in the Federal Magistrates Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.