Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NAXK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 205 NAXK and NAXL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1796 of 2003 BRANSON J 2 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1796 of 2003
BETWEEN: NAXK and NAXL
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 2 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicants pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1796 of 2003
BETWEEN: NAXK and NAXL
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 2 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicants have applied to the Court for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') whereby a decision of a delegate of the respondent not to grant the applicants protection visas was affirmed. 2 The applicants are husband and wife. The husband is a citizen of India and the wife is a citizen of Malaysia. The wife's claim to be entitled to a protection visa is based on her membership of the husband's family unit. She has not asserted an independent claim to be entitled to a protection visa. The applicants appeared today without legal representation. The husband addressed the Court orally and the wife expressly adopted his submissions. 3 The husband's claim to be entitled to a protection visa is based upon asserted opposition to his marriage from both his own family and his wife's family. The husband claims to have received death threats from people in Malaysia who have said that he cannot escape them even in India. He also claims to have been kidnapped while in Malaysia and taken to Thailand from where, after being beaten, he escaped eventually arriving in Australia via Malaysia. 4 The Tribunal made no positive findings as to the truth of the husband's claims. Assuming the truth of his claims, the Tribunal concluded that:
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