Minister for Immigration & Multicultural Affairs v Jama [1999] FCA 1680

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Jama [1999] FCA 1680 MIGRATION – whether persecution for reasons of membership of a particular social group – clan fighting in Somalia – whether Tribunal directed attention to future situation in Somalia Migration Act 1958 (Cth), ss 476(1)(c), 476(1)(e), 476(1)(g), 476(3)(e), 476(4)(a) Abdalla v Minister for Immigration and Multicultural Affairs (1998) 51 ALD 11, approved Minister for Immigration and Multicultural Affairs v Abdi (1999) 87 FCR 280, approved Adan v Secretary of State for the Home Department [1999] 1 AC 293, cited Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, discussed Applicant A v Minister for Immigration and Ethnic Affairs (1977) 190 CLR 225, cited Periannan v Minister for Immigration and Ethnic Affairs (unreported, Wilcox J, 28 July 1987), cited Mohammed v Minister for Immigration and Multicultural Affairs [1998] FCA 1077, referred to Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, cited Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414, cited Television Capricornia Pty Ltd v Australian Broadcasting Tribunal (1986) 13 FCR 511, cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v KALTUN ISMAIL JAMA N 755 OF 1999 BRANSON, SACKVILLE and KIEFEL JJ SYDNEY 3 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 755 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Appellant

AND: KALTUN ISMAIL JAMA

Respondent

JUDGES: BRANSON, SACKVILLE and KIEFEL JJ

DATE OF ORDER: 3 DECEMBER 1999

WHERE MADE: SYDNEY

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