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High Court refuses judicial review of the decision to refuse refugee status to a Sierra Leonean national, who claimed to fear persecution at the hands of her rebel “husband”, on the grounds that the State protection findings could be severed from the remainder of the decision and the credibility findings were clearly stated, reasonable, specific, cogent and logical and the internal relocation finding was lawful.
Judicial review – telescoped hearing – Sierra Leonean national challenging the decision of the Refugee Appeals Tribunal to refuse her refugee status - rebels invaded her village and the people she believed were her parents were killed - she was taken to the bush by rebels, beaten and raped - she was in the bush for many months when she states she was then taken by another rebel group - forced to become the wife of a rebel - she had three children with this man, and after the birth of each of these children they were taken from her - she tried to escape on two occasions from this man but she was caught - afraid of her adopted husband as he had told her that if he caught her he would kill her - could not move elsewhere in Sierra Leone as she had no family or relatives and she had no one to look after her - police were afraid of her husband – claimed people hate her as they believed that she does the same thing as her husband’s rebel group - scar on the back of her heel and on her left hand but no medical reports – unable to say which rebel group the man belonged to – lived with her adopted husband for 9 years - adverse credibility findings - having regard to the credibility issues that arose, she could not be given the benefit of the doubt - state protection - absent clear and convincing proof to the contrary, a state is to be presumed capable of protecting its citizens - internal relocation – argued that the credibility findings were based upon gut feeling and conjecture – argued that the state protection and internal relocation findings were unlawful – argued that the findings on state protection and internal relocation could be severed - the role of the judicial review refugee judge in determining whether or not a decision of the Refugee Appeals Tribunal should be sustained or set aside - the manner in which evidence going to credibility ought to be treated and the review of the conclusions and credibility to be carried out.
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