SXPB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1110

SXPB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1110

The RRT did not commit any jurisdictional error in finding that the Albanian government was able and willing to provide an acceptable level of protection to the second applicant. There was evidence to support the finding that the level of protection was not below international standards. The application should be dismissed.

Parties
First Applicant: SXPB; Second Applicant: SXQB; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
19 August 2005
Procedural Posture
Migration Appeal / Federal Court Review of Refugee Review Tribunal Decision
Outcome
Application dismissed
Legal Topics
Jurisdictional Error, Refugee Protection, State Protection, Particular Social Group
Migration Law Jurisdictional Error Refugee Protection State Protection Particular Social Group

Case Brief

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Parties

SXPB

First Applicant

SXQB

Second Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Federal Court Review of Refugee Review Tribunal Decision

Legal Issues

  1. 1 Whether the Refugee Review Tribunal made a jurisdictional error in determining that the second applicant could be afforded an acceptable level of protection by the Albanian government

Ratio Decidendi

The RRT did not commit any jurisdictional error in finding that the Albanian government was able and willing to provide an acceptable level of protection to the second applicant. There was evidence to support the finding that the level of protection was not below international standards. The application should be dismissed.

Court Disposition

Application dismissed

Orders

  • The Refugee Review Tribunal be joined as the second respondent to these proceedings.
  • The application be dismissed.