SVJB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 932

SVJB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 932

The Tribunal did not err in law; it addressed whether the applicant was a member of a particular social group and found any harm risked was due to the family blood feud, not her membership of the group 'Albanian women without male protection'. Thus, no Convention reason for persecution was made out.

Parties
First Applicant: SVJB; Second Applicant: SVKB; Third Applicant: SVLB; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
19 July 2004
Procedural Posture
Application for Judicial Review / Decision After Hearing
Outcome
application dismissed
Legal Topics
Refugee Protection, Judicial Review, Social Group Under Refugees Convention
Immigration Law Administrative Law Refugee Protection Judicial Review Social Group Under Refugees Convention

Case Brief

Summary, issues, holding and outcome

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Parties

SVJB

First Applicant

SVKB

Second Applicant

SVLB

Third Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Application for Judicial Review / Decision After Hearing

Legal Issues

  1. 1 Whether the Refugee Review Tribunal erred in law by misquoting and misapprehending s 91S of the Migration Act 1958
  2. 2 Whether 'Albanian women without male protection' constitutes a particular social group for purposes of the Refugees Convention
  3. 3 Whether fear of persecution was due to membership of a social group or due to a family blood feud

Ratio Decidendi

The Tribunal did not err in law; it addressed whether the applicant was a member of a particular social group and found any harm risked was due to the family blood feud, not her membership of the group 'Albanian women without male protection'. Thus, no Convention reason for persecution was made out.

Court Disposition

application dismissed

Orders

  • The application is dismissed.