STYB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 295

STYB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 295

The appeal failed because no claim or evidence before the RRT identified the alleged wider social group of Albanians subject to the Kanun and a blood feud; the appellant's claim before the delegate and the RRT was based on membership of his family. The RRT correctly applied s 91S to that family-based claim. The material before the RRT did not require it to consider the alleged wider group, and its finding that Albanian authorities had recognised and were willing to address blood feud problems was open on the country information.

Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Migration Appeal Concerning Review of a Refugee Review Tribunal Decision Refusing a Protection Visa / Appeal to the Full Court From a Judgment of a Single Judge Dismissing an Application for Prerogative Relief
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'particular Social Group' 'blood Feud' 'kanun' 'jurisdictional Error' 'section 91 S of the Migration Act 1958 (cth)' 'state Protection']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'particular Social Group' 'blood Feud' 'kanun' 'jurisdictional Error' 'section 91 S of the Migration Act 1958 (cth)' 'state Protection']

Case Brief

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Procedural Posture

Migration Appeal Concerning Review of a Refugee Review Tribunal Decision Refusing a Protection Visa / Appeal to the Full Court From a Judgment of a Single Judge Dismissing an Application for Prerogative Relief

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal misconstrued s 91S of the Migration Act 1958 (Cth) by treating the relevant particular social group as the appellant's family rather than a wider group of Albanians subject to the Kanun and a blood feud." 'Whether the Refugee Review Tribunal failed to consider a claim based on membership of a wider particular social group despite material before it.' 'Whether the Refugee Review Tribunal wrongly excluded or failed to consider material said to show passive inactivity by Albanian authorities in protecting people at risk from blood feuds.']

Ratio Decidendi

The appeal failed because no claim or evidence before the RRT identified the alleged wider social group of Albanians subject to the Kanun and a blood feud; the appellant's claim before the delegate and the RRT was based on membership of his family. The RRT correctly applied s 91S to that family-based claim. The material before the RRT did not require it to consider the alleged wider group, and its finding that Albanian authorities had recognised and were willing to address blood feud problems was open on the country information.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of and incidental to the appeal, including reserved costs (if any), to be taxed if not agreed."]