SFQB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1189

SFQB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1189

Section 91S applied to the applicants' review because the statutory commencement and review criteria were satisfied, and it was intended to apply where an applicant claims a well-founded fear of persecution by reason of family membership but that fear depends on persecution or fear experienced by family members for non-Convention reasons. The applicants' claimed fear arose from a blood feud involving family members and therefore fell within s 91S. Their arguments that membership of a family alone established a Convention reason, that s 91S must yield to the Refugees Convention, or that s 91S did not achieve its intended operation were rejected, so the review application had to be dismissed.

Jurisdiction
Australia
Judgment Date
28 October 2003
Procedural Posture
Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Application for Review Under S 39 B of the Judiciary Act 1903 (cth)
Outcome
Application for review dismissed.
Legal Topics
['protection Visas' 'refugee Convention' 'membership of a Particular Social Group' 'family as a Particular Social Group' 'blood Feud' 'construction and Validity of S 91 S of the Migration Act 1958 (cth)']
['migration' 'administrative Law'] ['protection Visas' 'refugee Convention' 'membership of a Particular Social Group' 'family as a Particular Social Group' 'blood Feud' 'construction and Validity of S 91 S of the Migration Act 1958 (cth)']

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Procedural Posture

Application for Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Application for Review Under S 39 B of the Judiciary Act 1903 (cth)

Legal Issues

  1. 1 ['Whether membership of a particular social group of itself can establish a well-founded fear of persecution for Convention reasons without further enquiry.' 'Whether Parliament can limit or prescribe the application of the Refugees Convention in applications for protection visas.' 'Whether s 91S of the Migration Act 1958 (Cth) applied to require the Refugee Review Tribunal to disregard fears arising from persecution of family members for non-Convention reasons.' "Whether the applicants' claimed fear arising from an Albanian blood feud was persecution for a Convention reason by reason of membership of their family."]

Ratio Decidendi

Section 91S applied to the applicants' review because the statutory commencement and review criteria were satisfied, and it was intended to apply where an applicant claims a well-founded fear of persecution by reason of family membership but that fear depends on persecution or fear experienced by family members for non-Convention reasons. The applicants' claimed fear arose from a blood feud involving family members and therefore fell within s 91S. Their arguments that membership of a family alone established a Convention reason, that s 91S must yield to the Refugees Convention, or that s 91S did not achieve its intended operation were rejected, so the review application had to be dismissed.

Court Disposition

Application for review dismissed.

Orders

  • ['The application for review is dismissed.']