Applicant S v MIMA

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY AND CALLINAN JJAPPLICANT S  APPELLANTANDMINISTER FOR IMMIGRATION ANDMULTICULTURAL AFFAIRS  RESPONDENTApplicant S v Minister for Immigration and Multicultural Affairs[2004] HCA 2527 May 2004P52/2003ORDER1.   Appeal allowed with costs.2.   Set aside the orders of the Full Court of the Federal Court made on 21 August 2002 and, in lieu thereof, order that the appeal to the Full Court of the Federal Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation:M D Howard for the appellant (instructed by Minter Ellison)J Basten QC with P R Macliver for the respondent (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS     Applicant S v Minister for Immigration and Multicultural AffairsImmigration – Refugees – Application for protection visa – Well-founded fear of persecution for reason of membership of particular social group – Particular social group identified as able-bodied young men from Afghanistan – Whether member of a particular social group – Whether Afghan society must perceive the particular social group – Whether well-founded fear of persecution – Whether enmity or malignity necessary to establish persecution – Whether facts reveal law of general application – Whether implementation of law of general application can amount to persecution – Whether implementation of ad hoc policy can amount to persecution.Words and phrases: "Particular social group", "well-founded fear of persecution", "law of general application", "legitimate national objective".Migration Act 1958 (Cth), s 36(2).GLEESON CJ, GUMMOW AND KIRBY...