Abdulahi v Minister for Immigration and Multicultural Affairs

[2001] FCA 983

FEDERAL COURT OF AUSTRALIA

Abdulahi v Minister for Immigration and Multicultural Affairs
[2001] FCA 983

MOHAMMED ALI ABDULAHI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N600 of 2001

WILCOX J
13 JULY 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N600 of 2001

BETWEEN:	MOHAMMED ALI ABDULAHI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	13 JULY 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for review be dismissed.

2.The applicant pay the costs of the respondent of the proceeding.

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	N600 of 2001

BETWEEN:	MOHAMMED ALI ABDULAHI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	WILCOX J
DATE:	13 JULY 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This application for review is brought by Mohammed Ahi Abdulahi.  He seeks review of a decision of the Refugee Review Tribunal. 

2. I explained to Mr Abdulahi that the Court can only review the decision of the Tribunal on limited grounds.  Mr Abdulahi made it clear he does not agree with the decision of the Tribunal.  In particular, he says his father should have been regarded as a person who was at a high level in the security services of former President Barre.  Mr Abdulahi says, for that reason, he is at risk of being killed if he is sent back to Somalia. 

3. This was a matter of fact, for the Tribunal to determine.  I cannot review the decision of the Tribunal on that ground. 

4. Mr Abdulahi has not been able to point to the existence in his case of any ground of review that is within the jurisdiction of the Court. 

5. I have read the Tribunal decision carefully.  Realising Mr Abdulahi would not have a lawyer to represent him, I considered for myself whether it disclosed any reviewable error.  I do not see any such error. 

6. I appreciate that Mr Abdulahi feels frustrated that the Court is unable to help him.  However, the Court’s powers are limited.  I am bound by the restrictions imposed upon the Court by the Migration Act1958.  In the absence of a ground covered by the Act, I cannot interfere with the Tribunal’s decision.  I have no alterative but to dismiss the application. 

7. The order of the Court is that the application be dismissed with costs.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:             27 July 2001

The Applicant appeared in person.
Counsel for the Respondent:	J Smith
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	13 July 2001