STCB v Minister for Immigration and Multicultural and Indigenous Affairs

The High Court of Australia heard an appeal from STCB concerning an application for a protection visa. The appellant, an Albanian citizen, claimed a fear of persecution due to his family's involvement in a blood feud with the Paja family, stemming from an act committed by his grandfather decades prior. The Minister for Immigration and Multicultural and Indigenous Affairs had refused the visa, relying on section 91S of the *Migration Act 1958* (Cth).

The central legal issue before the High Court was whether section 91S of the *Migration Act 1958* (Cth) required the decision-maker to disregard the appellant's fear of persecution. Specifically, the Court had to determine if the appellant's fear, arising from a family blood feud and his status as an Albanian citizen subject to customary law, constituted persecution for a Convention reason, and if section 91S precluded such a claim.

The majority of the High Court, comprising Gleeson CJ, Gummow, Callinan, and Heydon JJ, dismissed the appeal. Their reasoning focused on the purpose of section 91S, which was introduced to prevent individuals from claiming refugee status based on fears arising from personal debts or criminal acts, even if framed as membership of a particular social group. The Explanatory Memorandum indicated that while a family could still be a particular social group, section 91S aimed to exclude claims where the persecution was motivated by non-Convention reasons, such as revenge for a criminal act. The Tribunal had found that the motivation of the Paja family was revenge for a past murder, and that fear of such revenge was not a Convention reason. Furthermore, the Tribunal found that Albanian authorities were willing to address blood feuds, diminishing the likelihood of persecution by the state. Kirby J dissented. The appeal was dismissed with costs.