Adverse credibility findings in respect of aspects of Cameroonian mother and daughter’s asylum application were unlawful

Judicial review – asylum - telescoped hearing – Cameroonian mother and daughter challenging the decision of the Refugee Appeals Tribunal to refuse them refugee status – mother claims that the daughter was conceived as a result of the mother’s rape by her own father - considered an abomination, and the mother lived in a shed at her grandmother’s home – father committed suicide - she was accused of witchcraft - daughter was demanded for sacrifice - shed was burnt down - taxi driver provided the mother and daughter with shelter for a three-month period, during which time he regularly had sexual intercourse with the mother – fled to Ireland - diagnosed HIV positive and is in receipt of regular treatment – Refugee Appeals Tribunal found her not to be credible – Tribunal member found that country of origin information available in relation to obtaining a birth certificate in Cameroon was not congruent with the mother’s account of how she obtained the birth certificate for her daughter - Tribunal member considered the potential discrimination that the applicant might suffer as a HIV positive woman in Cameroon did not amount to persecution - country of origin information states that treatments are available in Cameroon – Cameroonian mother and daughter argued that the Tribunal failed to give any consideration to the individual circumstances pertaining to the daughter – argued that the Tribunal member did not consider the best interests of the child – argued that the adverse credibility findings were made on the basis of conjecture, repeating the adverse credibility findings made by the Commissioner - incumbent on the tribunal to have reasonable regard to all significant documents, including country and medical reports when considering credibility - Tribunal must give reasons for the rejection of significant aspects of the evidence given by the applicants or elements of their claims – argued that the tribunal failed to perform the fundamental task of making an assessment in respect of the evidence before it – argued that the Tribunal made no findings in relation to: whether the mother suffered rape at the hands of her own father resulting in the conception of the daughter, whether this would be regarded as an abomination in Cameroon, whether the mother was subsequently subjected to sex slavery to ensure her survival and that of her daughter, whether the mother was infected with the HIV/ AIDS virus as a result of her rape by either her own father and/or the taxi driver – argued that their core claim has never been lawfully assessed, nor any clear determination made – argued that the Tribunal failed in its duty to consider the possibility of exposure to persecution in the future – Tribunal argued that the position of the daughter is inextricably linked with that of her mother, and that no separate fear of persecution is identified on her behalf – no DNA evidence establishing the paternity.