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High Court quashes decision of the International Protection Tribunal refusing an oral hearing on appeal to an applicant for refugee status or subsidiary protection, on the grounds that: in its reasoning rejecting the application for an oral hearing, the Tribunal proceeded without addressing directly the fact that credibility findings were at the heart of the International Protection Office report and would also be determinative of the appeal; and to the extent that the Tribunal relied on different issues as the basis for its findings on appeal, the applicant was not on notice that the particular concerns arose for the Tribunal in such a manner as to provide her a fair opportunity to address those concerns, if she could, in writing absent the facility of an oral hearing.
Application for refugee status or subsidiary protection refused - appeal to International Protection Tribunal - request for oral hearing refused - whether, on the facts and circumstances of this case which includes particular adverse credibility findings, it was contrary to the requirements of fair procedures and/or in breach of statutory duty for the Tribunal to refuse an oral hearing and proceed to determine an appeal on the papers - Tribunal decision quashed - matter remitted for fresh determination of the question of whether there should be an oral hearing.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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