Ibrahim v Minister for Immigration & Multicultural Affairs [1999] FCA 374

FEDERAL COURT OF AUSTRALIA

Ibrahim v Minister for Immigration & Multicultural Affairs [1999] FCA 374 MIGRATION – application for judicial review of decision of the Refugee Review Tribunal refusing a protection visa – Somali applicant – nature of well-founded fear of persecution in civil war – "clan based warfare" – whether communal violence in times of civil unrest may constitute persecution – whether applicant had a well-founded fear of persecution – whether Tribunal failed to consider the motivation for the alleged persecutory conduct – meaning of "real chance" – whether Tribunal failed to consider likelihood of persecutory conduct upon return – Tribunal's approach to the nature of evidence necessary to establish persecution – meaning of "unsystematic" – type of conduct required to constitute systematic persecution – whether the particular experiences of the appellant were caused by persecution for Convention reasons – whether there was a real chance at time of determination that appellant would be persecuted by reason of his membership of the Rahanwein clan if he returned to Somalia. Migration Act 1958 (Cth) s 476(1)(e) Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11 considered Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 applied Chopra v Minister for Immigration and Multicultural Affairs (1997-1998) 49 ALD 534 considered Jahazi v Minister for Immigration and Ethnic Affairs (1995) 61 FCR 293 considered Minister for Immigration and Ethnic Affairs v Abdi (Full Court, unreported, 26 March 1999) applied Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 considered Minister for Immigration v Hamad (Full Court, unreported, 26 March 1999) considered Minister for Immigration and Ethnic Affairs v Singh (1997) 74 FCR 553 considered Murugasu v Minister for Immigration and Ethnic Affairs (Wilcox J, unreported, 28 July 1987) considered