Hussein v Minister for Immigration & Multicultural Affairs [1999] FCA 288

FEDERAL COURT OF AUSTRALIA

Hussein v Minister for Immigration & Multicultural Affairs [1999] FCA 288 MIGRATION – Application for a protection visa – Somali applicant – nature of well-founded fear of persecution in civil war – whether communal violence in times of civil unrest may constitute persecution - whether applicant had a well-founded fear of persecution – whether selective harassment existed – whether applicant targeted because his brother was a spy – whether applicant targeted because he was a member of the Balcad clan – whether Tribunal failed to address the available evidence – whether the Tribunal had acted according to substantial justice and the merits of the case – whether the Tribunal had failed to address a central question in the case advanced by the applicant – whether Tribunal overlooked evidence – inquisitorial function of Refugee Review Tribunal – whether requirement to give applicant an opportunity to be heard obliges Tribunal to question applicant and take up lines of inquiry – whether Tribunal erred in failing to question applicant about the underlying causes of certain incidents he described. Migration Act 1958 (Cth) ss 420(2)(b), 425(1), 426(3), 427, 428, 433, 434, 476(1)(a), 476(1)(e) Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 considered Barkat v Minister for Immigration and Ethnic Affairs (Sackville J, unreported, 28 May 1998) considered Calado v Minister of State for Immigration and Multicultural Affairs (Full Court, unreported, 2 December 1998) considered Demir v Minister for Immigration and Multicultural Affairs (Ryan J, unreported, 19 October 1998) considered Drekevutu v Minister for Immigration and Ethnic Affairs (Madgwick J, unreported, 11 August 1997) considered Durairajasingham v Minister for Immigration & Ethnic Affairs (1997) 50 ALD 469 considered Eshetu v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 300 applied Luu v Renevier (1989) 91 ALR 39 considered Meadows v Minister for Immigration and Multicultural Affairs (Full Court, unreported, 23 December 1998) considered