High Court refuses judicial review of the decision to refuse a Pakistani family, who claimed to fear persecution due to their conversion to the Ahmadi faith, refugee status, on the grounds that the Refugee Appeals Tribunal’s adverse credibility findings were coherent and the Tribunal’s determination was sound and not vitiated by any material error of law or any principle of natural or constitutional justice.
Judicial review – telescoped hearing – Pakistani national challenging the decision of the Refugee Appeals Tribunal to refuse him and his family refugee status – claims that he and his wife converted to the Ahmadi faith – that his family threatened him, his wife and children – that he was beaten – his children were kidnapped – family moved to his wife’s uncle’s house – father attempted to negotiate with his family but he was again threatened – fled to Ireland – lacked knowledge of the Ahmadi religion – Tribunal found that the family lacked credibility and made a number of adverse credibility findings – Pakistani family argued that no reason was given as to why two medical reports affect the credibility of the Pakistani father – argued that they were not afforded an opportunity to clarify the contradiction in the testimony, in breach of fair procedures - findings based on demeanour require special care and attention – Tribunal absolutely rejected their credibility.