K. (N.) v. Refugee Appeals Tribunal & Ors

This is an application for leave to issue an application for judicial review seeking primarily to quash a decision of the second named respondent in his capacity as a member of the Refugee Appeals Tribunal given on the 26 th November, 2002, in which he determined that the applicant is not entitled to a declaration of refugee status and that the recommendation of the Refugee Appeals Commissioner to that effect should be upheld.

The application is one to which s. 5 of the Illegal Immigrants (Trafficking) Act, 2000 applies and hence the application must be made within 14 days on the date upon which the applicant was notified of the decision. Also, the applicant must have substantial grounds for contending that the decision is invalid or ought to be quashed.

Accordingly, I will extend the time for the making of this application up to and including the 8 th January, 2003.

The applicant is an ethnic Russian who is a citizen of Uzbekistan. She arrived in the State on the 26 th October, 2001 with her daughter, E. (born 24.12.84.) and claimed refugee status. She claims to have a well-founded fear of persecution in Uzbekistan by reason of her ethnicity and religion. She also claims that she had to leave Uzbekistan because of such persecution.

Following the procedures provided for under the Refugee Act, 1996 the Refugee Applications Commissioner recommended that she not be declared to be a refugee. She appealed from that decision to the Refugee Appeals Tribunal and an oral hearing was held on the 10 th October, 2002, before the second named respondent as a Member of the Tribunal, at which she was represented by solicitor. The second named respondent issued a decision on the 26 th November, 2002.