[Australia] SBWC v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1104 (22 August 2006)

http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/1104.html
FEDERAL COURT OF AUSTRALIA
SBWC v Minister for Immigration & Multicultural & Indigenous Affairs
[2006] FCA 1104
MIGRATION – applicant a convicted child sex offender – resident visa cancelled under s 501 of Migration Act 1958 (Cth) – applicant applied unsuccessfully for protection visa – applicant claimed well-founded fear of persecution for reason of membership of a particular social group being "persons who had been convicted of sexual offences on children" – Tribunal rejected application on ground that claimed group not a particular social group for purpose of Refugees Convention Held: The Court inferred that there was a jurisdictional error in that the Tribunal engaged in an erroneous analysis of what constitutes a "group" and failed to address whether the group was a particular social group in India. [Deportation]