Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hagi-Mohamed v Minister for Immigration & Multicultural Affairs [2001] FCA 41
MIGRATION – review of decision of Refugee Review Tribunal – whether applicant had a well-founded fear of persecution for reasons of his membership of a particular social group – where applicant claimed to fear persecution in Somalia for reasons of his clan affiliations – whether Tribunal erred in considering the motivation of the alleged persecutors and whether the civil war in Somalia had a differential impact on the applicant for reasons of his clan membership
Migration Act 1958 (Cth), s 476(1)(e) Minister for Immigration and Multicultural Affairs v Ibrahim [2000] HCA 55, considered Abdalla v Minister for Immigration and Multicultural Affairs [1998] FCA 1017, referred to AHMED-DAHIR HAGI-MOHAMED v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 243 of 1999 STONE J 5 FEBRUARY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 243 OF 1999
BETWEEN: AHMED-DAHIR HAGI-MOHAMED
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 5 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant 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 243 OF 1999
BETWEEN: AHMED-DAHIR HAGI-MOHAMED
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 5 FEBRUARY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 On 15 November 1995, the applicant, Mr Ahmed-Dahir Hagi-Mohamed, a citizen of Somalia, applied to the respondent ("the Minister") for a protection visa to remain in Australia. The Minister's delegate ("Delegate") refused his application on 30 June 1997. The Refugee Review Tribunal ("Tribunal") upheld this refusal on 25 September 1998. Mr Hagi-Mohamed now applies under s 476(1) of the Migration Act 1958 (Cth) ("the Act") for review of the Tribunal's decision. 2 Section 36 of the Act provides that a criterion for the grant of a protection visa is that the applicant is a non-citizen in Australia to whom Australia has protection obligations under the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951, as "amended" by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 (compendiously, "the Convention"). Article 1A(2) of the Convention provides that a refugee is any person who: "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it."
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