SVZB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 14

SVZB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 14

The appeals were dismissed because the appellants conceded that binding Full Court authority determined the s 91S issues adversely to them, and the Full Court found no error in the primary judge's conclusions that the Tribunal's findings brought the blood feud and revenge claims within s 91S or otherwise showed no Convention-related persecution. In SWBB, no error was shown in the rejection of the additional claims based on businessmen as a particular social group or political opinion.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Migration Refugees Protection Visa Claims Involving Alleged Blood Feuds in Albania / Appeals to the Full Court From a Single Judge of the Federal Court of Australia
Outcome
Appeals dismissed with costs.
Legal Topics
['protection Visas' 'blood Feud' 'particular Social Group' 'family as Social Group' 'migration Act 1958 (cth) S 91 S' 'convention Reason']
['migration Law' 'refugee Law'] ['protection Visas' 'blood Feud' 'particular Social Group' 'family as Social Group' 'migration Act 1958 (cth) S 91 S' 'convention Reason']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Refugees Protection Visa Claims Involving Alleged Blood Feuds in Albania / Appeals to the Full Court From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the appellants' fears arising from alleged blood feuds or revenge killings were to be disregarded under s 91S of the Migration Act 1958 (Cth)." "Whether the primary judge erred in upholding Refugee Review Tribunal decisions rejecting the appellants' protection visa claims." "In SWBB, whether claims based on membership of a particular social group of businessmen and political opinion disclosed error in the Tribunal's decision."]

Ratio Decidendi

The appeals were dismissed because the appellants conceded that binding Full Court authority determined the s 91S issues adversely to them, and the Full Court found no error in the primary judge's conclusions that the Tribunal's findings brought the blood feud and revenge claims within s 91S or otherwise showed no Convention-related persecution. In SWBB, no error was shown in the rejection of the additional claims based on businessmen as a particular social group or political opinion.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['In SAD 212 of 2004, the appeal be dismissed, with costs.' 'In SAD 193 of 2004, the appeal be dismissed, with costs.' 'In SAD 211 of 2004, the appeal be dismissed, with costs.']