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High Court grants judicial review of the decision refusing a Nigerian national refugee status, on the grounds that the Refugee Appeal’s Tribunal’s decision refusing his claim was not clear and reasoned.
Judicial review – asylum and immigration – telescoped hearing – Nigerian national challenging the decision of the Refugee Appeals Tribunal refusing him refugee status - survived a violent attacked on his church - previously inadvertently witnessed the attackers unload their explosives - reported the incidents to the elders of the church - he was seen and identified by the assailants - believes that his life would be in danger if he were to be located by the group - attackers are associated with Boko Haram – entered the State with false or fraudulently obtained South African passport - initially maintained that he intended to stay for a six-day holiday – refused permission to land – claimed asylum on the grounds that he was a homosexual persecuted in Nigeria – later, his fear of persecution was a fear of the militant group – argued that it was unclear whether his narrative was accepted - failed to have proper regard to country of origin information – state protection finding was unlawful – argued that the tribunal was selective is its use of country of origin information - no reasons given for the preferment of certain country of origin reports - tribunal member erred in law in finding that he could not claim a lack of state protection when he had never sought that protection - internal relocation findings were unlawful – a decision-maker is obliged to present a clear and reasoned decision to an applicant – an applicant is entitled to a clear and reasoned decision - unreasoned assessment of demeanour - decision-maker is entitled to take demeanour into account when assessing an applicant’s claim – decision maker must undertake an assessment of demeanour with care - if an applicant is to be disbelieved, and one of those findings is based upon demeanour, then the decision-maker should set out the reasons for that finding - the finding in regard to internal relocation was made without proper regard to the principles set out in case law - principles that apply to an assessment of internal relocation – decision made without due and proper consideration.
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