Mohammed, Rukhiyah Farrah v Minister for Immigration & Multicultural Affairs [1998] FCA 1077

FEDERAL COURT OF AUSTRALIA IMMIGRATION - review of decision of Refugee Review Tribunal – factional fighting between clans in Somalia – applicant a member of the Ashraf clan in an area controlled by the Habr Gedir clan – allegation that Tribunal failed to refer to or deal with independent evidence in support of applicant's claim for refugee status – material not referred to by Tribunal not in fact supportive of applicant's claims – findings of Tribunal open on evidence before it – allegation that Tribunal failed to act "according to substantial justice and the merits of the case" – discussion of Eshetu v Minister for Immigration and Multicultural Affairs – alleged failure to accord "substantial justice" does not give rise to an available ground for review – Eshetu concerned only with procedural failures - allegation that Tribunal erred by requiring the applicant to demonstrate a course of systematic discrimination against the applicant – discussion of "systematic conduct" – no error of law – whether the Ashraf community are harassed to such a degree as to constitute persecution is a question of fact to be determined by the Tribunal

Migration Act 1958 (Cth), ss 420, 430, 476(1)(a), (e) Abdalla v Minister for Immigration and Multicultural Affairs (FCA, unrep, Burchett, Tamberlin and Emmett JJ, 20/8/98), referred to Mohamed v Minister for Immigration and Multicultural Affairs (FCA, unrep, Hill J, 11/5/98), applied Applicant A v Minister for Immigration and Multicultural Affairs (1997) 142 ALR 331, applied Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621, considered Chan Yee Kin v The Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, applied Periannan Murugasu v Minister for Immigration and Ethnic Affairs (FCA, unrep, Wilcox J, 28/7/87), applied Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293, applied Adan v Home Secretary [1998] 2 WLR 702, applied Sun Zhan Qui v Minister for Immigration and Multicultural Affairs (1997) 151 ALR 505, not followed RUKHIYAH FARRAH MOHAMMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 357 of 1998