SVTB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1610

SVTB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1610

The applicant was not found to have a well-founded fear of persecution for a Convention reason; evidence of credibility and risk was rejected by the Refugee Review Tribunal. Alternatively, even if such fear existed, the Albanian authorities are willing and able to provide protection sufficient to remove any real chance of persecution. Therefore, the application for review was dismissed.

Parties
Applicant: SVTB; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
09 December 2004
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
application for review dismissed
Legal Topics
Protection Visa, Well Founded Fear of Persecution, Single Women in Albania, Country Information, Assessment of Credibility, Trafficking
Migration Law Administrative Law Protection Visa Well Founded Fear of Persecution Single Women in Albania Country Information Assessment of Credibility Trafficking

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Parties

SVTB

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant faces a real chance of being persecuted including sexual assault or trafficking if returned to Albania
  2. 2 Whether single women in Albania without male protection are persecuted for a Convention reason
  3. 3 Whether the Albanian authorities are able and willing to protect the applicant against persecution

Ratio Decidendi

The applicant was not found to have a well-founded fear of persecution for a Convention reason; evidence of credibility and risk was rejected by the Refugee Review Tribunal. Alternatively, even if such fear existed, the Albanian authorities are willing and able to provide protection sufficient to remove any real chance of persecution. Therefore, the application for review was dismissed.

Court Disposition

application for review dismissed

Orders

  • The application for review is dismissed.