Abdi v Minister for Immigration & Multicultural Affairs [2000] FCA 242

FEDERAL COURT OF AUSTRALIA

Abdi v Minister for Immigration & Multicultural Affairs

[2000] FCA 242 MIGRATION– application for protection visa – Refugee Review Tribunal had found that even if the applicant had a well‑founded fear of persecution for a Convention reason in southern Mogadishu, he did not have such a fear in relation to Somalia as a whole because he would have adequate national protection in certain regions in the north‑east of Somalia and it was reasonable in the circumstances to expect him to relocate to those regions – independent evidence indicated that those regions would not accept involuntary returnees, including deportees – whether, in these circumstances, an applicant's unwillingness to return to those regions can convert him or her into a refugee when he or she would not otherwise be a refugee

Migration Act 1958 (Cth), Pt 8 Convention relating to the Status of Refugees 1951, Art 1A(2)

Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437, applied

YONIS HUSSEIN ABDI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 1091 OF 1999 WHITLAM, LEHANE AND GYLES JJ 10 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1091 OF 1999

On appeal from a single judge of the Federal Court of Australia

BETWEEN: YONIS HUSSEIN ABDI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: WHITLAM, LEHANE AND GYLES JJ

DATE OF ORDER: 10 MARCH 2000

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.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1091 OF 1999