Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mohamed v Minister for Immigration & Multicultural Affairs
[1999] FCA 371
IMMIGRATION – review of decision of Refugee Review Tribunal – whether error of law in interpretation or application of test for persecution – applicant member of minority clan in Somalia – situation of civil conflict – whether applicant had been required to show "a course of systematic conduct" directed against his clan – whether other error of law – whether Tribunal failed to act according to substantial justice and merits of the case Migration Act 1958 (Cth), ss 420(2)(b), 476 Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 distinguished on one aspect and applied to another Mohamed v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Hill J, 11 May 1998, Judgment No 485 of 1998) distinguished Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 160 ALR 543 applied Chen v Minister for Immigration and Multicultural Affairs [1999] FCA 34 applied Sun Zhan Qui v Minister for Immigration and Ethnic Affairs (1997) 151 ALR 505 referred to
MOHAMED MAIALIN MOHAMED v MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
WG 146 of 1998
CARR J
1 APRIL 1999
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG 146 of 1998
BETWEEN: MOHAMED MAIALIN MOHAMED
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: CARR J
DATE OF ORDER: 1 APRIL 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal dated 31 August 1998 be set aside. 2. The matter be remitted to a differently constituted Tribunal for rehearing, with or without new evidence, in accordance with law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate