Mohamed, Mohamed Dahir v Minister for Immigration & Multicultural Affairs [1998] FCA 485

FEDERAL COURT OF AUSTRALIA

MIGRATION – whether for an application for refugee status to succeed the applicant must show a series of coordinated acts directed against him or her which can be said to be systematic and not isolated – discussion of the word 'systematic' – whether Tribunal failed in obligation to give reasons – consequences where country of nationality is in the midst of a civil war WORDS AND PHRASES – "Systematic persecution" Migration Act 1958 (Cth) – ss 36(2), 476(1), Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 – followed R v Secretary of State for the Home Department, Ex parte Adan [1998] 2 WLR 702 – cited Periannan Murugasu v Minister for Immigration and Ethnic Affairs (unreported, Wilcox J, 28 July 1987) – followed Abdalla v Minister for Immigration & Multicultural Affairs (unreported, Beaumont J, 6 January 1998) – considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – cited Jahazi v Minister for Immigration and Ethnic Affairs (1996) 61 FCR 293 – cited Immigration and Naturalization Service v Elias-Zacarias (1992) 502 US 478 – cited

MOHAMED DAHIR MOHAMED v

minister for immigration and multicultural affairs

NG 2 of 1998

hill j

sydney

11 may 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 2 of 1998

BETWEEN: mohamed dahir mohamed

Applicant

AND: minister for immigration and

multicultural affairs

respondent

JUDGE(S): HILL J

DATE OF ORDER: 11 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal dated 5 December 1997 be set aside. 2. The application be remitted to a Tribunal differently constituted for rehearing, with or without new evidence, in accordance with law. 3. The Respondent pay the Applicant's costs.