Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Mohamad v Minister for Immigration & Multicultural Affairs [2000] FCA 109 MIGRATION – Refugees Convention definition of refugee – claimed fear of persecution by reason of membership of clan – finding by Tribunal that clan not singled out or targeted during civil war – whether use of the expression "greater risk of harm" indicated incorrect approach by Tribunal – whether Tribunal should have dealt with allegation that clan was perceived as small and weak – no error of law made out.
Migration Act 1958 (Cth), s 476 Abdalla v Minister for Immigration & Multicultural Affairs (1998) 51 ALD 11, considered. Adan v Home Secretary [1999] 1 AC 293, considered Minister for Immigration & Multicultural Affairs v Abdi (1999) 87 FCR 280, considered.
OMAR MOHAMUD MOHAMAD V MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 545 of 1999 WHITLAM, MATHEWS & GYLES JJ SYDNEY
16 FEBRUARY 2000 IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 545 OF 1999
On appeal from a Judge of the Federal Court of Australia
BETWEEN: OMAR MOHAMUD MOHAMAD
APPELLANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: WHITLAM, MATHEWS & GYLES JJ
DATE OF ORDER: 16 FEBRUARY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is 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
NEW SOUTH WALES DISTRICT REGISTRY N 545 OF 1999
On appeal from a Judge of the Federal Court of Australia
BETWEEN: OMAR MOHAMUD MOHAMAD
APPELLANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: WHITLAM, MATHEWS & GYLES JJ
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