STNB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 515

STNB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 515

The application was dismissed because SCAL was determinative and binding, and on the accepted facts the applicant's alleged fear of persecution arose from membership of his family in the context of an Albanian blood feud, so s 91S of the Migration Act 1958 (Cth) precluded reliance on that fear for the purposes of a protection visa application.

Jurisdiction
Australia
Judgment Date
28 April 2004
Procedural Posture
Application Concerning Protection Visa Issues / Reasons for Judgment and Orders
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'fear of Persecution' 'particular Social Group' 'family Membership' 'albanian Blood Feud' 'migration Act 1958 (cth) S 91 S']
['migration Law' 'refugee Law'] ['protection Visa' 'fear of Persecution' 'particular Social Group' 'family Membership' 'albanian Blood Feud' 'migration Act 1958 (cth) S 91 S']

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Procedural Posture

Application Concerning Protection Visa Issues / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether the applicant could rely on a fear of persecution arising from membership of his family as a particular social group where the alleged fear arose from an Albanian blood feud.' 'Whether the Full Court decision in SCAL v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 301 was determinative of the application.']

Ratio Decidendi

The application was dismissed because SCAL was determinative and binding, and on the accepted facts the applicant's alleged fear of persecution arose from membership of his family in the context of an Albanian blood feud, so s 91S of the Migration Act 1958 (Cth) precluded reliance on that fear for the purposes of a protection visa application.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']