Ahmed v Minister for Immigration & Multicultural Affairs [2000] FCA 1571

FEDERAL COURT OF AUSTRALIA

Ahmed v Minister for Immigration and Multicultural Affairs [2000] FCA 1571 MIGRATION – application for protection visa – well-founded fear of persecution in Somalia for reason of race, or alternatively, for reason of membership of a particular social group – review of the Refugee Review Tribunal's decision under s 476(1)(e) of the Migration Act 1958 (Cth) – the Tribunal found that a clan member was targeted for personal gains – whether the Tribunal failed to consider that there might be multiple effective causes for the harm feared.

Migration Act 1958 (Cth) s 36(2), s 476(1)(e), s 430(1) Migration Regulations 1994 (Cth) Sch 2, Subclass 866 Convention relating to the Status of Refugees (1951), Art 1 Minister for Immigration and Multicultural Affairs v Abdi (1999) FCA 299 referred to Omar Mohamed Mohamed v Minister for Immigration and Multicultural Affairs (unreported, Federal Court of Australia, Emmett J, 19 May 1999) [1999] FCA 688 not followed Minister for Immigration and Multicultural Affairs v Sarrazola (1999) 166 ALR 641 considered Rajaratnam v Minister for Immigration and Multicultural Affairs [2000] FCA 1111 applied MUSTAFE MOHAMOUD AHMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N174 OF 2000 MATHEWS J 8 NOVEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY N174 OF 2000

BETWEEN: MUSTAFE MOHAMOUD AHMED

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MATHEWS J

DATE OF ORDER: 8 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1) The application is allowed. 2) The decision of the refugee Review Tribunal is set aside and the matter remitted to the Refugee Review Tribunal to be reconsidered according to law. 3) The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.