Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAGV of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1456 APPLICANTS NAGV AND NAGW OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 344 OF 2002 STONE J 27 NOVEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 344 OF 2002
BETWEEN: APPLICANTS NAGV AND NAGW OF 2002
APPLICANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 27 NOVEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 344 OF 2002
BETWEEN: APPLICANTS NAGV AND NAGW OF 2002
APPLICANTS
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: STONE J
DATE: 27 NOVEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
Procedural background 1 The applicants, NAGV and NAGW, a father and son who are citizens of Russia, lodged applications for protection visas on 16 July 1999. They claim to have a well-founded fear of persecution if they return to Russia because of the father's political opinions and because the father, at least is Jewish. Despite accepting these claims the Refugee Review Tribunal ("Tribunal"), in a decision made on 1 March 2002, held that Australia has no protection obligations towards them and affirmed the respondent Minister's decisions not to grant the protection visas. 2 This proceeding was commenced on 24 April 2002 by an application made under s 39B of the Judiciary Act 1903(Cth) ("Judiciary Act"). On 5 June 2002 the applicants filed an amended application seeking a declaration that the Tribunal's decision is null and void as well as writs of certiorari to quash the Tribunal's decision, prohibition restraining the respondent Minister from acting upon the decision and mandamus requiring the Tribunal to reconsider the application for review of the Respondent's decisions according to law.
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