Kabail, Roda & Ors v Minister for Immigration & Multicultural Affairs [1998] FCA 1074

FEDERAL COURT OF AUSTRALIA IMMIGRATION – appeal from Refugee Review Tribunal – whether error of law within s 476(1)(e) Migration Act 1958 - applicants members of minority group in Somalia – situation of civil conflict in Somalia – whether applicants required to show a "course of systematic conduct" directed against them or their clan – relevance of a "course of systematic conduct" to the question whether applicants had a "well founded fear of persecution" for a Convention reason – reference to principle that development of rules and principles should not constrict the terms of the Convention Migration Act 1958 (Cth) s 476(1)(e) Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, applied Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225, referred to Abdalla v Minister for Immigration and Multicultural Affairs (unreported, Burchett, Tamberlin and Emmett JJ, 20 August 1998), followed Adan v The Secretary of State for the Home Department [1998] 2 WLR 702, distinguished Mohamed v Minister for Immigration and Multicultural Affairs (unreported, Hill J, 11 May 1998), followed

Periannan Murugasu v Minister forImmigration and Ethnic Affairs (unreported, Wilcox J, 28 July 1987), referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (unreported, French J, 5 June 1998), applied Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565, applied

RODA KABAIL, NASIR AHMED BARUD and MUNA AHMED BARUD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 692 OF 1998 BURCHETT J SYDNEY

3 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 692 of 1998

BETWEEN: RODA KABAIL

First Applicant

NASIR AHMED BARUd

Second Applicant

MUNA AHMED BARUD