VWVP & Anor v MIMIA & Anor

[2006] HCATrans 185

[2006] HCATrans 185

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M148 of 2005

B e t w e e n -

VWVP

First Applicant

APPLICANT M152/2003

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.33 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are married Sri Lankans.  They claimed to fear persecution on political grounds by reason of their association with the UNP.  The Refugee Review Tribunal affirmed a decision of a delegate of the first respondent refusing an application for a protection visa.  The Tribunal, on the assumption that the wife was an active UNP member and that the husband was a supporter, held that a break‑in to the wife’s home, an attack on her husband, and some vague threats which had not been carried out did not amount to persecution.  It pointed out that the couple stayed in Sri Lanka for many months after the threats, that she kept living at the same address, and that they had had no involvement with the UNP since 1994.  It concluded that they had no well-founded fear of persecution.

The Federal Magistrates Court (Phipps FM) dismissed an application for judicial review on the ground that there had been no jurisdictional error.  In particular, it rejected a contention that Muin v Refugee Review Tribunal (2002) 190 ALR 601 applied for want of evidence. An appeal to the Federal Court of Australia (Sundberg J) was dismissed.

There are insufficient prospects of success in an appeal to warrant the grant of special leave. 

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish the disposition signed by Heydon J and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED