SVMB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 86

SVMB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 86

Application for extension of time dismissed as the appeal would not succeed in light of established Full Court authorities that s 91S of the Migration Act disqualifies protection visa claims based on fear arising from non-Convention reasons such as blood feuds.

Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Judicial Review / Application for Extension of Time to Appeal
Outcome
Application for extension of time dismissed
Legal Topics
['protection Visa' 'blood Feuds' 'particular Social Group' 'convention Reasons' 'section 91 S Migration Act']
['migration Law'] ['protection Visa' 'blood Feuds' 'particular Social Group' 'convention Reasons' 'section 91 S Migration Act']

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Procedural Posture

Judicial Review / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether extension of time should be granted to appeal from dismissal of protection visa application' 'Whether s 91S of the Migration Act operates to disqualify applicant based on blood feud not being a Convention reason']

Ratio Decidendi

Application for extension of time dismissed as the appeal would not succeed in light of established Full Court authorities that s 91S of the Migration Act disqualifies protection visa claims based on fear arising from non-Convention reasons such as blood feuds.

Court Disposition

Application for extension of time dismissed

Orders

  • ['Application for extension of time within which to file and serve a notice of appeal is dismissed.' "Applicant to pay first respondent's costs of the application."]