High Court refuses judicial review of the decision refusing a Nigerian national’s claim for refugee status, on the grounds that the adverse credibility findings were rational and reasonable and within the jurisdiction of the Refugee Appeals Tribunal, and the minor weight given to the demeanour evidence was legally sustainable.
Judicial review – asylum and immigration – substantive hearing – Nigerian national challenging the decision of the Refugee Appeals Tribunal refusing her refugee status – she argued that the credibility findings were based on matters peripheral to the core claim and are based on conjecture – argued that the Tribunal failed to make any clear and unambiguous finding in respect of her core claim - lack of clarity – decision was impugned on the basis of an asserted finding in relation to her demeanour and perceived vagueness -claims that her brother was murdered by Boko Haram - feared that she would be murdered by Boko Haram - adverse credibility findings - account is not supported by any specific country of origin information but is supported by country of origin information in a general sense - account was not consistent throughout the asylum process - vague and evasive responses - Tribunal stated that her hesitancy in giving evidence was indicative of a potential lack of credibility – argued that demeanour is not a reliable indicator of credibility – principles for the assessment of credibility – credibility and peripheral matters - need for clearly expressed decisions relative to the core claim and the extent to which elements of a claim are required to be formally decided upon depends upon the circumstances of each case - the assessment of demeanour in itself can rarely be a sure ground for dismissing the cogency of a witness’s evidence - tribunal does have jurisdiction to make an entirely new finding – Court satisfied that the tribunal considered the matter in detail and identified a significant number of credibility issues – Court not inclined to the view that all issues on credibility were peripheral issues - rational and reasonable and within the jurisdiction of the Tribunal to find her general credibility as lacking - Tribunal was weary of placing an overemphasis on credibility relative to demeanour - minor weight seems to have been afforded both for and against her based upon her demeanour – approach to demeanour evidence found to be legally sustainable – judicial review refused.