Minister for Immigration and Multicultural Affairs v. Haji Ibrahim

Abstract

Aliens — Entry — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 — Definition of a refugee — Persecution by non-State actors — Persecution in the context of a civil war — Somalia — Clan-based conflict — Whether applicant required to demonstrate fear of persecution setting him apart from others — Whether violence against members of other clans sufficient — Membership of a particular social group

War and armed conflict — Civil war — Definition — Clan-based conflict in State where no functioning government — Somalia — Whether reference to civil war appropriate — Refugees — Whether applicant for refugee status has well-founded fear of persecution — The law of Australia