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Applicant S v Minister for Immigration and Multicultural Affairs

[2004] HCA 25
Judgment date
Case number
P52/2003
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Immigration – 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).

Files
25.rtf (72.65 KB)
25.pdf (148.48 KB)