MIMA v Respondents S152/2003

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, KIRBY, HAYNE AND HEYDON JJMINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS  APPELLANTANDRESPONDENTS S152/2003  RESPONDENTSMinister for Immigration and Multicultural Affairs v Respondents S152/2003[2004] HCA 1821 April 2004S152/2003ORDER1.   Appeal allowed.2.   Set aside orders 1, 2 and 3 made by the Full Court of the Federal Court on 23 May 2002 and, in lieu thereof, order that the appeal to the Full Court of the Federal Court be dismissed. 3.   Appellant to pay the respondents' costs of the appeal to this Court.On appeal from the Federal Court of AustraliaRepresentation:J Basten QC with S B Lloyd for the appellant (instructed by Sparke Helmore)N J Williams SC with B M Zipser for the respondents (instructed by the respondents)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Multicultural Affairs v Respondents S152/2003Immigration – Refugees – Applications for protection visas by de facto husband and wife nationals of Ukraine – Well-founded fear of persecution – Husband claimed to suffer religious persecution as Jehovah's Witness – Refugee Review Tribunal found that incidents of which husband complained were individual and random incidents and did not amount to persecution, and that the chance that he would suffer persecution in future was remote – Tribunal rejected claim that state encouraged or condoned persecution of Jehovah's Witnesses – Whether Full Court of Federal Court erred in concluding that Tribunal committed jurisdictional error in failing to consider a different claim of whether the...