High Court refuses judicial review of the decision to refuse a Nigerian national refugee status, on the grounds that 1): the Refugee Appeals Tribunal’s adverse credibility finding was clear and well reasoned; 2)there was a rational basis for the tribunal member to consider that State protection was available in parts of Nigeria and that internal relocation was a viable option; and 3) the tribunal member applied the correct test and reached a reasonable decision on internal relocation
Judicial review – telescoped hearing – Nigerian national challenging the decision of the Refugee Appeals Tribunal to refuse her refugee status – Tribunal determined that internal relocation was available to him and that he lacked credibility - claimed to fear persecution from her father, who had tried to force her to marry his business partner - fled her home in Edo State to Lagos - met a woman who took her in and looked after her - woman was involved in prostitution and sought to introduce the applicant to a customer - this man decided to help her - Section 11 interview – argued that the Tribunal failed to lawfully deal with the assessment of credibility – she asserted that the single credibility finding in the Tribunal decision arising out of her travel to the State is peripheral only and does not go to the core of her claim – argued that the Tribunal failed to properly assess the submissions made on the question of internal relocation and forced marriages – argued that the Tribunal failed to lawfully apply the internal relocation alternative - obligation on the Tribunal to indicate why one piece of evidence is referred to in preference to another and further that the competing information be appropriately weighed by the decision maker - right to be heard – argued that the Tribunal failed to carry out an analysis of the prevailing circumstances in the sites identified as suitable for internal relocation and failed to assess her personal circumstances – no obligation on a Tribunal Member to set out each piece of information relied on by an applicant - there was a rational basis for the Tribunal Member to consider that state protection was available in parts of Nigeria and that internal relocation was a viable option - Tribunal was entitled to conclude that she could reasonably be expected to stay in another part of her own country where she would not be at risk of persecution – her personal circumstances were adequately considered - Tribunal Member applied the correct test and reached a reasonable decision on internal relocation on the basis of the information available to her.