STYB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 705

STYB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 705

The Tribunal did not commit jurisdictional error. The applicant's claim before the Tribunal was that his family was the relevant particular social group and that he feared harm from private individuals in a blood feud, with the Albanian government unable to protect him. Section 91S precluded reliance on family membership where the source of the feared persecution was a non-Convention reason. The Tribunal was not obliged to consider unmade claims based on persons subject to the Kanun or blood feuds, and the material before it did not show such particular social groups or deliberate refusal of state protection by Albanian authorities.

Jurisdiction
Australia
Judgment Date
04 June 2004
Procedural Posture
Migration Application for Certiorari, Prohibition and Mandamus in Relation to a Refugee Review Tribunal Decision Affirming Refusal of a Temporary Protection Visa / Federal Court Judicial Review; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'temporary Protection Visa' 'refugees Convention' 'particular Social Group' 'family Membership' 'albanian Blood Feud' 'kanun' 'state Protection' 'jurisdictional Error' 'migration Act 1958 (cth) S 91 S']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'temporary Protection Visa' 'refugees Convention' 'particular Social Group' 'family Membership' 'albanian Blood Feud' 'kanun' 'state Protection' 'jurisdictional Error' 'migration Act 1958 (cth) S 91 S']

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Procedural Posture

Migration Application for Certiorari, Prohibition and Mandamus in Relation to a Refugee Review Tribunal Decision Affirming Refusal of a Temporary Protection Visa / Federal Court Judicial Review; Application Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal made a jurisdictional error by failing to consider whether the applicant was a member of a particular social group comprising persons subject to the traditional laws of the Kanun or persons subject to blood feuds.' 'Whether the Tribunal made a jurisdictional error by failing to consider whether Albanian authorities deliberately would not protect the applicant because he was involved in a blood feud.' "Whether s 91S of the Migration Act 1958 (Cth) prevented reliance on membership of the applicant's family as the particular social group where the source of the feared persecution was a non-Convention reason."]

Ratio Decidendi

The Tribunal did not commit jurisdictional error. The applicant's claim before the Tribunal was that his family was the relevant particular social group and that he feared harm from private individuals in a blood feud, with the Albanian government unable to protect him. Section 91S precluded reliance on family membership where the source of the feared persecution was a non-Convention reason. The Tribunal was not obliged to consider unmade claims based on persons subject to the Kanun or blood feuds, and the material before it did not show such particular social groups or deliberate refusal of state protection by Albanian authorities.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']