High Court grants judicial review of the decision to refuse an Ethiopian national of Oromo ethnicity refugee status, on the grounds that the Refugee Appeals Tribunal did not provide any cogent or reasoned decision as to why the documentary evidence and medical report she submitted were rejected.
Judicial review – telescoped hearing – Ethiopian national challenging the decision of the Refugee Appeals Tribunal to refuse her refugee status – she is of Oromo ethnicity and states that she has been a member of the Oromo Liberation Front (OLF) - home was attacked by state forces – she, her husband and her children were detained – has not seen her husband since - subjected to ill-treatment whilst detained - fled to Kenya - returned to Ethiopia without her children - arrested and detained again - freed by a friend of her uncle on condition that she leave for Sudan immediately - remained in Khartoum for three months and from there she fled to Ireland – adverse credibility findings – argued that the tribunal erred in failing to have reasonable regard for documents in support of her claim - burden of proof rests on the applicant – tribunal argued that the documents submitted could not be accorded any probative value – she argued that the tribunal erred in law and acted in breach of fair procedures in the manner in which adverse credibility findings were reached – argued that the tribunal failed to consider the SPIRASI report – value of SPIRASI reports – argued that the tribunal erred in failing to consider and assess whether the applicant had a well-founded fear of persecution for a Convention reason and whether there was a real chance of persecution if the applicant were refouled to Ethiopia, particularly because of her Oromo ethnicity – tribunal argued that this ground was not pleaded – argued that findings regarding demeanour require special care and attention that was not provided by the tribunal – submitted documents in relation to her membership of OLF – Istanbul Protocol.