Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Omar v Minister for Immigration & Multicultural Affairs [2000] FCA 1430
MIGRATION – protection visa – refugee – future conduct – circumstances in which a person may hold well-founded fear of persecution based on future expression of political opinion – whether prior expression of political opinion is necessary to establish existing well-founded fear of persecution Migration Act 1958 (Cth) ss 430(1)(c), 476(1)(a)
Minister for Immigration & Multicultural Affairs v Singh [2000] FCA 845 applied Mendis v Immigration Appeal Tribunal [1989] Imm AR 6 considered Ahmad v Secretary of State for the Home Department [1990] Imm AR 61 considered Mohammed v Minister for Immigration & Multicultural Affairs [1999] FCA 686 applied Danian v Secretary of State for the Home Department [2000] Imm AR 96 applied Minister for Immigration & Multicultural Affairs v Mohammed [2000] FCA 576 applied Iftikhar Ahmed v Secretary of State for the Home Department (unreported, Court of Appeal of England and Wales, 5 November 1999) applied YUSUF SHEIKH OMAR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 4 OF 2000 BLACK CJ, RYAN AND MOORE JJ 16 OCTOBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 4 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: YUSUF SHEIKH OMAR
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: BLACK CJ, RYAN AND MOORE JJ
DATE OF ORDER: 16 OCTOBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The order of the primary judge be set aside and instead of that order there be orders as follows: 3. The decision of the Refugee Review Tribunal affirming the decision of the delegate of the Minister be set aside. 4. The matter be remitted to the Refugee Review Tribunal for determination according to law. 5. The respondent pay the costs of the application for an order of review. 6. The respondent pay the costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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