Event and Time
Event Description
This case concerns the judicial review of decisions made by the Tribunal regarding the protection visa applications of two Russian nationals, a mother and her daughter, who sought asylum in Australia. Their claims were based on fears of persecution in Russia due to their sexual orientation and ethnic background.
Application and Claims
- The applicants (mother and daughter) filed protection visa applications citing fears of harm in Russia.
- Claims included:
- The first applicant's bisexuality and anti-Semitic persecution. - The daughter's progressive views on human rights and fears of harm from her father.
Judicial Decisions
- Leave to rely on the proposed further amended application filed on 19 April 2023 was refused.
- The application filed on 13 November 2018, as amended, was dismissed.
Dispute Points and Legal Basis
Dispute Points
- Mother's Claims:
- Feared harm due to her bisexuality and the impact of Russian anti-LGBT policies. - Cited family pressure regarding marriage and identity.
- Daughter's Claims:
- Expressed fears linked to her progressive views on sexual diversity and personal safety from her father.
- Tribunal's Review Process:
- The Tribunal conducted hearings where both applicants presented their claims but later affirmed the refusal of protection visas.
- Allegations Against Tribunal:
- The key legal argument is that the Tribunal constructively failed to exercise jurisdiction, suggesting procedural irregularities in how the Tribunal conducted their reviews and hearings.