STCB v Minister for Immigration and Multicultural and Indigenous Affairs

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, CALLINAN AND HEYDON JJSTCB  APPELLANTANDMINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR  RESPONDENTSSTCB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 6114 December 2006A5/2006ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationS D Ower for the appellant (instructed by McDonald Steed McGrath)C Gunst QC with M J Roder for the first respondent (instructed by Sparke Helmore)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSTCB v Minister for Immigration and Multicultural and Indigenous AffairsImmigration – Refugees – Application for protection visa – Fear of persecution – Persecution for reason of membership of particular social group – Family – Fear of persecution because of family involvement in blood feud – Whether decision-maker required by s 91S of Migration Act 1958 (Cth) to disregard fear of persecution – Albanian citizens subject to customary law – Whether a "particular social group". Migration Act 1958 (Cth), s 91S.Convention relating to the Status of Refugees 1951, Art 1A(2).GLEESON CJ, GUMMOW, CALLINAN AND HEYDON JJ.   The appellant is a citizen of Albania who claims to be a refugee.  The appellant's application for a visaOn 7 November 2000 the appellant applied to the Minister for Immigration and Multicultural and Indigenous Affairs (the first respondent) for a Protection (Class XA) visa.  His application was based on the claim that in 1944-1945 his grandfather had killed a member of...