High Court grants judicial review of the decision refusing a Nigerian national refugee status, on the grounds that the Refugee Appeals Tribunal’s adverse credibility finding was at variance with reason and common sense, which contaminated the balance of the decision.
Judicial review – asylum and immigration – substantive hearing – Nigerian natioanl challenging the decision of the Refugee Appeals Tribunal refusing her refugee status – assessment of credibility – claimed that she was kidnapped and held captive for in or about three weeks when she managed to escape – test for unreasonableness and/or irrationality – credibility of core claim impugned -whether credibility findings can be severred from the decision – assessment of credibility must be made by reference to the full picture that emerges from the available evidence and information taken as a whole - must not be based on a perceived, correct instinct or gut feeling as to whether the truth is or is not being told - a finding of lack of credibility must be based on correct facts, untainted by conjecture or speculation and the reasons drawn from such facts must be cogent and bear a legitimate connection to the adverse finding - Court determiend that the implication imputed by the decision maker is at variance with reason and common sense – error contaminates the balance of the decision - decision is unsafe – judicial review granted.