SCAG & Ors v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 545

SCAG & Ors v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 545

For the reasons given in SCAL, the Tribunal did not err in law in treating the husband's family as the relevant particular social group and did not err in the construction or application of s 91S of the Migration Act 1958 (Cth); therefore the application for review failed.

Jurisdiction
Australia
Judgment Date
05 June 2003
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Review of a Refugee Review Tribunal Decision Affirming Refusal of Protection Visas / Federal Court Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal Review' 'particular Social Group' 'blood Feud' 'section 91 S of the Migration Act 1958 (cth)' 'well Founded Fear of Persecution']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visas' 'refugee Review Tribunal Review' 'particular Social Group' 'blood Feud' 'section 91 S of the Migration Act 1958 (cth)' 'well Founded Fear of Persecution']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Tribunal erred in identifying the relevant particular social group as the husband's family." 'Whether the Tribunal misconstrued or misapplied s 91S of the Migration Act 1958 (Cth).' 'Whether the applicants satisfied the criteria for protection visas under s 36(2) of the Migration Act 1958 (Cth).']

Ratio Decidendi

For the reasons given in SCAL, the Tribunal did not err in law in treating the husband's family as the relevant particular social group and did not err in the construction or application of s 91S of the Migration Act 1958 (Cth); therefore the application for review failed.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application dismissed.' "Applicants to pay the respondent's costs of and incidental to the application."]