Weheliye v Minister for Immigration & Multicultural Affairs [2001] FCA 1222

FEDERAL COURT OF AUSTRALIA

Weheliye v Minister for Immigration & Multicultural Affairs [2001] FCA 1222

MIGRATION – appeal from decision of Refugee Review Tribunal – refusal to grant protection visa – error of law - whether young Somali women particular social group – whether Shari'a law against adultery law of general application – whether law applied and administered in Somalia in discriminatory manner. Migration Act 1958 (Cth): s 476(1)(e)

Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293 considered Minister for Immigration and Multicultural Affairs v Cali [2000] FCA 1026 considered Z v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 51 applied Minister for Immigration and Multicultural Affairs v Darboy (unreported, Moore J, 6 August 1998) referred to Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565 referred to Minister for Immigration and Ethnic Affairs v Respondent A (1995) 57 FCR 309 considered KHAALI HAASHIM WEHELIYE v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V 370 of 2001 GOLDBERG J 31 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 370 of 2001

BETWEEN: KHAALI HAASHIM WEHELIYE

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 31 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The decision of the Refugee Review Tribunal on 14 May 2001 is set aside.

2. The applicant's application for review of the decision of the delegate of the respondent to refuse to grant the applicant a protection visa is remitted to the Refugee Review Tribunal, differently constituted, for determination according to law.