Date of this Version
Fathia Mohammed Yusuf (Yusuf) is an applicant for a protection visa under s 36(2) of the Migration Act 1958 (Cth) (the Act) which incorporates Australia’s protection obligations to asylum seekers under the Convention Relating to the Status of Refugees (1951). Her claim for protection, based upon race and membership of a particular social group, was rejected by the primary decision-maker and on review by the Refugee Review Tribunal (RRT). However, she was successful on judicial review in an application to Finn J at first instance and then to the Full Court of the Federal Court (Heerey, Merkel and Goldberg JJ). The Minister for Immigration and Multicultural Affairs (the Minister for Immigration) appeals against the latter decision.