NAKV and Anor v MIMIA

[2005] HCATrans 202

[2005] HCATrans 202

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S151 of 2004

B e t w e e n -

NAKV

First Applicant

NAKW

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 8 APRIL 2005, AT 9.31 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are husband and wife and both are citizens of Russia.  The applicants applied for protection visas in September 2000.  Only the first applicant made specific claims for protection.  He claimed that were he returned to Russia he would suffer persecution by reason of imputed political opinion related to support of Chechen rebels.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse the applicants’ protection visa applications.  The Tribunal did not believe that the first applicant was present in Chechnya in 1999 and did not accept that he had been kidnapped by Chechen rebels.  This Tribunal found that the first applicant had fabricated his claims.

The applicants sought review of the Tribunal’s decision pursuant to s 39B of the Judiciary Act 1903 (Cth).  The learned Federal Magistrate dismissed the application for review holding that no jurisdictional error had been committed by the Tribunal.  An appeal to a single judge of the Federal Court was dismissed.

There are insufficient prospects of success to warrant a grant of special leave against the decision of the Federal Court.  Special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing with costs this application for special leave.

I publish the disposition signed by Justice Kirby and myself.

AT 9.33 AM THE MATTER WAS CONCLUDED