SVXB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 923

SVXB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 923

The Tribunal's unchallenged findings were that the applicant feared being killed by the bereaved family because of his family association with his father, and that the father's fear was fear of revenge for deaths occasioned during a quarrel over land, which was not a Convention reason. Those findings attracted s 91S(a) and s 91S(b) of the Migration Act 1958 (Cth), so the applicant showed no error by the Tribunal and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
14 July 2004
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) Concerning Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Federal Court Hearing and Judgment; Application Dismissed
Outcome
Application dismissed with costs payable by the applicant to the first respondent.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'albanian Blood Feud' 'membership of a Particular Social Group Consisting of Family' 'migration Act 1958 (cth) S 91 S' 'convention Reason']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'albanian Blood Feud' 'membership of a Particular Social Group Consisting of Family' 'migration Act 1958 (cth) S 91 S' 'convention Reason']

Case Brief

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) Concerning Refusal of a Protection Visa Under the Migration Act 1958 (cth) / Federal Court Hearing and Judgment; Application Dismissed

Legal Issues

  1. 1 ["Whether the Refugee Review Tribunal erred in concluding that the applicant's claim fell within the exclusionary provisions of s 91S of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The Tribunal's unchallenged findings were that the applicant feared being killed by the bereaved family because of his family association with his father, and that the father's fear was fear of revenge for deaths occasioned during a quarrel over land, which was not a Convention reason. Those findings attracted s 91S(a) and s 91S(b) of the Migration Act 1958 (Cth), so the applicant showed no error by the Tribunal and the application had to be dismissed.

Court Disposition

Application dismissed with costs payable by the applicant to the first respondent.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of the application."]