Minister for Immigration & Multicultural Affairs v Hamad [1999] FCA 306

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Hamad [1999] FCA 306

MIGRATION - appeal from decision of primary judge setting aside Refugee Review Tribunal ("RRT") decision refusing refugee status – whether primary judge erred in adopting a too narrow and erroneous an approach to what constitutes persecution – whether primary judge ought to have found that RRT was correct in finding that the nature of the respondent's claims were outside the Convention – whether the conduct directed against the respondent's clan was manifestly part of a course of "systematic conduct" – whether such an enquiry central to the determination of the existence of a convention-based persecution

Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, cited Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Minister for Immigration and Multicultural Affairs v Abdi [1999] FCA 299, applied Adan v Secretary of State for the Home Department [1998] 2 WLR 702, cited Murugasu v Minister for Immigration and Ethnic Affairs (unreported, Wilcox J, 28 July 1987), cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v ABDULLAHI MUSTAF HAMAD NG 1282 of 1998 O'CONNOR, TAMBERLIN and MANSFIELD JJ SYDNEY 26 MARCH 1999 IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1282 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Appellant

AND: ABDULLAHI MUSTAF HAMAD

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