Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Abdi [1999] FCA 299 MIGRATION – appeal from Federal Court – review of decision of Refugee Review Tribunal ("RRT") – persecution for a Convention reason in a clan based civil war in Somalia – whether persecution requires something over and above risk of harm in a civil war based on a Convention reason – not necessary to apply differential approach where persecution is in the context of a civil war – revenge not of itself persecution for a Convention reason – significance of question whether applicant is a combatant or non-combatant WORDS AND PHRASES – "persecution for a Convention reason"
Convention Relating to the Status of Refugees 1951 Protocol Relating to the Status of Refugees 1967 Migration Act 1958 (Cth) Adan v Secretary of State for the Home Department [1998] 2 WLR 702, not followed Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293, followed Abdalla v The Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, cited Magyari v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 341, cited Dr Said Samatar, Somalia: A Nation in Turmoil, A Minority Rights Group Report Goodwin-Gill, The Refugee in International Law, 1996 2nd ed, Clarendon Press: Oxford Professor Hathaway, The Law of Refugee Status, 1991, Butterworths: Toronto Prakash Shah, Rewriting the Refugee Convention: The Adan Case in the House of Lords (1998) 12 Immigration & Nationality Law & Practice, 100
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v ABDULLAH SHEIKH MOHAMED ABDI NG 1197 OF 1998 O'CONNOR, TAMBERLIN & MANSFIELD JJ SYDNEY 26 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1197 OF 1998
ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
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