Minister for Immigration & Multicultural Affairs v Cali [2000] FCA 1026

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Cali [2000] FCA 1026 MIGRATION – whether Somali women are members of a particular social group – whether evidence to justify finding that women in Somalia are a particular social group – whether applicant feared persecution 'for reasons of' membership of a particular social group. Migration Act 1958 (Cth) s 476(1)(e), (1)(g) and (4)(a).

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS v CALI V 493 OF 1999 NORTH J

3 AUGUST 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 493 OF 1999

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

AND: AAMINA XAAJI CALI

JUDGE: NORTH J

DATE: 3 AUGUST 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the respondent's costs of and incidental to the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY V 493 OF 1999

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

AND: AAMINA XAAJI CALI

JUDGE: NORTH J

DATE: 3 AUGUST 2000

PLACE: MELBOURNE

REASONS FOR JUDGMENT

INTRODUCTION 1 This is an application by the Minister for Immigration and Multicultural Affairs (the Minister) to review a decision of the Refugee Review of Tribunal (the Tribunal) made on the 30 July 1999. The Tribunal determined that Ms Aamina Xaaji Cali, the respondent, is a refugee and remitted the matter for reconsideration by the Minister's delegate with a direction that the respondent be taken to have satisfied the criteria set out in section 36 (2) of the Migration Act 1958 (Cth) (the Act) for the grant of a protection visa. 2 The respondent was born in Mogadishu, Somalia, and was a member of the Muslim faith and of the Murusade clan. She had four brothers, one half brother, a sister and two half sisters. 3 The respondent's father was a successful businessman in Somalia who gave financial and other support to members of their clan. There was a long history of hostility between her clan and the two bigger tribes in conflict in the civil war in Somalia, namely the Habargidir and the Abgal. While the Murusade clan did not have strong links with any other clan in particular, some members supported the Habargidir and some supported the Abgal and hence they were suspected by all sides in the conflict. 4 The respondent's mother fled to the southern region of Somalia in 1991 and the respondent then lost contact with her. She remained with her father and brother in Mogadishu. In 1991, with the outbreak of civil war, the respondent's father's clothing shop was destroyed. In October 1997, her father was attacked by armed tribesmen and was seriously wounded. He died shortly after being brought back home. Then, on or about 18 November 1997, the respondent's house was attacked and her uncle and brother were killed. The respondent escaped from Somalia with the help of her late father's business partner. 5 The foregoing account of the background and experiences of the respondent was given to the Tribunal by the respondent and accepted by the Tribunal. 6 The Tribunal also received a statutory declaration from Mr Ahmed Nur, an Australian citizen who had fled Somalia for Kenya in 1991 at the outbreak of civil war. He was a member of the Murusade clan and knew the respondent's family and had business dealings with the respondent's father. Mr Nur stated that there was no stable government or law and order in Somalia, and that the Murusade clan had a very difficult time. He further said that he did not understand how a young woman could be considered safe if she returned to Somalia. 7 The Tribunal also received an assessment of the respondent by a psychologist who diagnosed the respondent as suffering from a severe level of depression and chronic post-traumatic stress disorder. There was further evidence from a refugee support worker that the respondent had no financial resources and was destitute. The respondent had been provided with emergency accommodation in a women's refuge.