Ruhunuhewa, Kumari, Ex parte - Re Min for Imm & Ors

This matter concerned an application for leave to appeal to the High Court of Australia by Ms. Kumari Ruhunuhewa against the Minister for Immigration and Multicultural Affairs and the Commonwealth of Australia. The dispute arose from a decision of the Federal Court of Australia which had dismissed Ms. Ruhunuhewa's appeal against a decision of the Refugee Review Tribunal. The Tribunal had affirmed the Minister's decision to refuse Ms. Ruhunuhewa's application for a protection visa.

The central legal issue before Justice Kirby, sitting in chambers, was whether Ms. Ruhunuhewa had established a "real chance" of success on appeal to the High Court, which is the threshold for granting leave to appeal under section 35A of the *Judiciary Act 1903* (Cth). This required an assessment of whether the Federal Court had erred in law in its dismissal of her appeal from the Refugee Review Tribunal.

Justice Kirby considered the grounds of appeal advanced by Ms. Ruhunuhewa, which related to the Refugee Review Tribunal's assessment of her claims for protection. He noted that the Federal Court had found no error of law in the Tribunal's decision. Applying the principles for granting leave to appeal, which require more than a mere possibility of success, Justice Kirby concluded that Ms. Ruhunuhewa had not demonstrated a sufficient likelihood of success on appeal to warrant the High Court granting leave.

Consequently, leave to appeal was refused.