Mohammed v Minister for Immigration & Multicultural Affairs [1999] FCA 868

FEDERAL COURT OF AUSTRALIA

Mohammed v Minister for Immigration & Multicultural Affairs [1999] FCA 868 MIGRATION – application for judicial review of decision of Refugee Review Tribunal affirming a decision to refuse to grant the applicant a protection visa – whether Tribunal erred in finding that applicant was not a person to whom Australia had protection obligations under the 1951 Convention relating to the Status of Refugees – whether Tribunal erred in finding that the applicant did not have a well-founded fear of persecution – whether error of law not to consider consequences of voluntary acts of applicant as refugee "sur place".

Migration Act 1958 (Cth) ss 476, 476(1)(e) Federal Court Rules O 80

C D de Jong, "The Legal Framework: The Convention relating to the Status of Refugees and the Development of Law Half a Century Later", International Journal of Refugee Law, 10, 4 (1998) G S Goodwin-Gill, The Refugee in International Law (2nd Ed), (Oxford: Clarendon Press, 1996) A Grahl-Madsen, The Status of Refugees in International Law (Leyden: A W Sitjhoff, 1966) J C Hathaway, The Law of Refugee Status (Toronto: Butterworths, 1991) United Nations High Commissioner for Refugees Handbook on Procedures and Criteria for Determining Refugee Status (1979)

Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 discussed Khan v Minister for Immigration and Multicultural Affairs and Refugee Review Tribunal (1997) 47 ALD 19 cited Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 cited Nagaratnam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 569 cited

ALSIDDIG ABDULLAH ADAM MOHAMMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS WG 174 OF 1998 LEE J 28 JUNE 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA