AZAAC v Minister for Immigration and Citizenship [2009] FCA 878

FEDERAL COURT OF AUSTRALIA

AZAAC v Minister for Immigration and Citizenship [2009] FCA 878

MIGRATION – appeal from orders made by Federal Magistrate dismissing appellant's application for review of decision of Minister's delegate refusing appellant protection visa – decision of Minister's delegate affirmed by Refugee Review Tribunal – where appellant born in Australia and appellant's parents born in Albania –where Tribunal decided that appellant did not have Convention reason for fear of persecution – where Tribunal decided that appellant's fear of persecution arose from blood feud between appellant's family and two families in Albania – where appellant claimed that he had fear of persecution for Convention reason because he was member of social group consisting of his family – where appellant claimed that Tribunal had committed jurisdictional error by failing to consider whether appellant's father's Uncle had Convention reason for fear of persecution because he was member of social group consisting of Albanian householders who had resisted armed encroachment onto their property – where claim not made before Tribunal – whether claim apparent on material before Tribunal

Held: appeal dismissed – Tribunal did not commit jurisdictional error by failing to consider whether appellant's father's Uncle had Convention reason for persecution or by failing to consider whether there was social group consisting of Albanian householders who had resisted armed encroachment onto their property or by failing to consider whether appellant's father's Uncle was a member of that group – appellant's claim not apparent on face of material before Tribunal. Migration Act 1958 (Cth) s 91S Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 discussed Applicant S v Minister for Immigration and Multicultural Affairs (2003) 217 CLR 387 cited AZAAC v Minister for Immigration and Citizenship [2008] FMCA 1506 referred to Dranichnikov v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 197 ALR 389 discussed NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 discussed STJB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 861 referred to STJB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 9 referred to STCB v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 556 cited