Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hagi-Mohamed v Minister for Immigration & Multicultural Affairs [2001] FCA 1156
MIGRATION – appellant a citizen of Somalia, and a member of a particular social group – the Refugee Review Tribunal failed to determine whether appellant had a well-founded fear of persecution by reason of his association with Hawadle clan – error of law established Randhawa v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 437 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied H v Minister for Immigration & Multicultural Affairs [2000] FCA 1348 referred to Migration Act 1958 (Cth) s 476(1)(e), (a), s 476(2)(a), s 424A AHMED DAHIR HAGI-MOHAMED v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 146 OF 2001 WILCOX, WEINBERG & HELY JJ 23 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 146 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AHMED DAHIR HAGI-MOHAMED
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGES: WILCOX, WEINBERG & HELY JJ
DATE OF ORDER: 23 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by the primary judge on 5 February 2001 be set aside. 3. The matter be remitted to the Refugee Review Tribunal (differently constituted) for determination according to law. 4. The respondent pay the appellant's costs of the appeal and of the proceeding before the primary judge. 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 146 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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