SHHB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1358

SHHB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1358

The appeal had to be dismissed because the appellant's ground depended on challenging the Tribunal's application of s 91S to a family-based blood feud claim, and binding Full Court authorities required the conclusion that such a claim must fail; the appellant also acknowledged those authorities were presently binding and adverse.

Jurisdiction
Australia
Judgment Date
09 September 2005
Procedural Posture
Migration Appeal Concerning Refusal of a Protection Visa and Judicial Review for Jurisdictional Error / Appeal From the Federal Magistrates Court of South Australia Dismissing an Application for Prerogative Relief to Quash the Refugee Review Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'jurisdictional Error' 'refugee Convention Art 1 A(2)' 'particular Social Group' 'family Membership' 'blood Feud' 'migration Act 1958 (cth) S 91 S' 'binding Full Court Authority']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'jurisdictional Error' 'refugee Convention Art 1 A(2)' 'particular Social Group' 'family Membership' 'blood Feud' 'migration Act 1958 (cth) S 91 S' 'binding Full Court Authority']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of a Protection Visa and Judicial Review for Jurisdictional Error / Appeal From the Federal Magistrates Court of South Australia Dismissing an Application for Prerogative Relief to Quash the Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal committed jurisdictional error by interpreting s 91S of the Migration Act 1958 (Cth) so as to exclude the appellant's claim based on a personal subjective fear of persecution in Albania by reason of membership of his family as a particular social group." 'Whether existing Full Court authorities required dismissal of the appeal.']

Ratio Decidendi

The appeal had to be dismissed because the appellant's ground depended on challenging the Tribunal's application of s 91S to a family-based blood feud claim, and binding Full Court authorities required the conclusion that such a claim must fail; the appellant also acknowledged those authorities were presently binding and adverse.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed.' 'The appellant pay to the first respondent her costs of the application.']