Mohamed v Minister for Immigration & Multicultural Affairs [1999] FCA 305

FEDERAL COURT OF AUSTRALIA

Mohamed v Minister for Immigration & Multicultural Affairs [1999] FCA 305

MIGRATION - appeal from decision of primary judge setting aside Refugee Review Tribunal ("RRT") decision refusing refugee status – whether primary judge erred in finding that RRT had complied with s 430 of the Migration Act 1958 (Cth) ("the Act") – whether primary judge misconstrued s 420 of the Act – whether primary judge erred in finding that RRT had not required appellant to show she suffered systematic harassment in order to establish a well founded fear of Convention-based persecution – whether primary judge erred in finding that RRT had not required appellant to show she was persecuted solely for a Convention-based reason Migration Act 1958 (Cth), ss 420, 430 RUKHIYAH FARRAH MOHAMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 946 of 1998 O'CONNOR, TAMBERLIN and MANSFIELD JJ SYDNEY

26 MARCH 1999 IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 946 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RUKHIYAH FARRAH MOHAMED

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: O'CONNOR, TAMBERLIN and MANSFIELD JJ

DATE OF ORDER: 26 MARCH 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 946 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RUKHIYAH FARRAH MOHAMED

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: O'CONNOR, TAMBERLIN and MANSFIELD JJ