Abdi, Abdullah Shiekh Mohamed v Minister for Immigration and Multicultural Affairs

The applicant, Abdullah Shiekh Mohamed Abdi, a Somali national, sought review of a decision by the Refugee Review Tribunal affirming a decision by the Minister for Immigration and Multicultural Affairs to refuse his application for a protection visa. The applicant argued that he had a well-founded fear of persecution by members of other sub-clans in Somalia, due to ongoing inter-clan violence. The legal issues before the court were whether the Tribunal had properly distinguished between the fear of death, injury, or loss of freedom arising out of the civil war and the same arising out of persecution over and above the risks of civil war, and whether the Tribunal had adequately considered the issue of internal relocation within Somalia.

The court found that the Tribunal had failed to observe the necessary distinction between the fear of persecution based on civil war and that arising from persecution independent of the civil war. Furthermore, the Tribunal did not properly distinguish between fear of revenge on an individual for non-Convention reasons and fear of revenge against the person as a member of a social group. Additionally, the Tribunal was satisfied that the northeastern region of Somalia was a suitable place for internal relocation but failed to address its accessibility to the applicant. The Tribunal also did not raise the issue of relocation with the applicant despite an undertaking to notify him of any information adverse to his claim.

Consequently, the court allowed the application for review, setting aside the decision of the Refugee Review Tribunal and remitting the application to the Tribunal for rehearing and determination according to law. The Minister for Immigration and Multicultural Affairs was ordered to pay the costs of the applicant in relation to the proceeding.