The High Court refused an application seeking to quash a tribunal decision that denied international protection to a claimant from Georgia, who alleged religious persecution as a Jehovah’s Witness. Although the court accepted that the applicant had suffered past persecution and was entitled to an evidential presumption of future risk, the key issue was whether effective state protection was available in Georgia. The court held that the tribunal lawfully concluded, on the basis of balanced and up-to-date country information, that the Georgian authorities provided sufficient protection, and that the presumption of state protection for safe countries of origin was not rebutted in the applicant’s particular circumstances. Accordingly, the application for judicial review was refused and costs were provisionally awarded to the respondents.
judicial review – international protection – refugee status – subsidiary protection – state protection – safe country of origin – Jehovah’s Witnesses – country of origin information (COI) – section 28(6) of the International Protection Act 2015 – section 33 of the International Protection Act 2015 – rebuttable presumption – Georgia – persecution on religious grounds – costs – International Protection Appeals Tribunal