STJB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 9

STJB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 9

The appeals were dismissed because, on the facts found by the Tribunal in each case, the applicants' fear of persecution arose solely due to their relationship to a person targeted for a non-Convention reason (revenge for past acts), and s 91S of the Migration Act 1958 (Cth) operated to disregard such fears. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia / Full Court Judgment on Appeal
Outcome
Appeals dismissed with costs
Legal Topics
['refugee Convention' 'particular Social Group' 'blood Feud' 's 91 S Migration Act' 'jurisdictional Error']
['migration Law' 'refugee Law'] ['refugee Convention' 'particular Social Group' 'blood Feud' 's 91 S Migration Act' 'jurisdictional Error']

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia / Full Court Judgment on Appeal

Legal Issues

  1. 1 ['Whether the appellants had a well-founded fear of persecution for reasons of membership of a particular social group under the Refugees Convention' 'Proper application and construction of s 91S of the Migration Act 1958 (Cth) to blood feud claims' 'Whether the factual circumstances brought the applicants within the scope of the Convention grounds' "Whether Albanian 'blood feud' victims constitute a particular social group under the Refugees Convention" 'Whether Albanian authorities condoned or tolerated persecution by third parties']

Ratio Decidendi

The appeals were dismissed because, on the facts found by the Tribunal in each case, the applicants' fear of persecution arose solely due to their relationship to a person targeted for a non-Convention reason (revenge for past acts), and s 91S of the Migration Act 1958 (Cth) operated to disregard such fears. The Tribunals' findings were open and consistent with binding precedent, there was no jurisdictional error, and broader claimed social groups (Albanian men, citizens under Kanun) were not established as 'particular social groups' under the Convention.

Court Disposition

Appeals dismissed with costs

Orders

  • ['The appeal in each of SAD 164 of 2004, SAD 163 of 2004, and SAD 165 of 2004 be dismissed, with costs.']