Applicant S v MIMA
Judgement of the High Court of Australia / From Wikipedia, the free encyclopedia
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Applicant S v MIMA is a decision of the High Court of Australia.
Quick Facts Applicant S v MIMA, Court ...
Applicant S v MIMA | |
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Court | High Court of Australia |
Full case name | Applicant S v Minister for Immigration and Multicultural Affairs |
Decided | 27 May 2004 |
Citation(s) | 217 CLR 387 |
Court membership | |
Judge(s) sitting | Gleeson CJ, McHugh, Gummow, Kirby, and Callinan JJ |
Case opinions | |
Appeal allowed The tribunal failed to consider whether young able-bodied men comprised a social group that could be distinguished from the rest of Afghan society Gleeson CJ, Gummow and Kirby J concurring McHugh J dissenting Callinan J |
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The case is an important decision in Australian refugee law. It is particularly known for its holdings about the meaning of 'particular social group' under the Refugee Convention, and for its holdings regarding when a law of general application may be considered to give rise to discriminatory treatment.
According to LawCite, it has been cited the ninth most times of any High Court decision.[1][2]