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Decision to refuse subsidiary protection was based primarily on country of origin information
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Court of Appeal dismisses two appeals and upholds decisions of the High Court refusing to grant an order of certiorari of the decisions of the Minister to refuse subsidiary protection to the appellants and their subsequent deportation from the State, on the grounds that: (a) the substance of the decision in each case was based primarily on Country of Origin Information and the trial judge was correct in his conclusions that the Refugee Appeals Tribunal findings of lack of credibility were an additional distinct material ground in each case which supported the Minister’s decision in refusing the applications for subsidiary protection; and (b) the appellants failed to establish any evidence of irrationality or unreasonableness in the process adopted by the trial judge.
Whelan J (nem diss): Judicial review - asylum and immigration - judicial review of a decision of the Minister to refuse to grant subsidiary protection and the subsequent deportation of the appellants - the appellants are five members of an Albanian family who identify as members of the Gabel ethnic community - whether the refusal of subsidiary protection was valid - whether the decisions were irrational - whether the High Court was correct in finding that the decisions could be sustained on a finding of lack of credibility - the trial judge’s decision was correct in circumstances where there was clear evidence before the Minister in the form of Country of Origin Information which entitled him to make the decision, draw the inferences and reach the conclusions which he did - no evidence of unreasonableness or irrationality - appeals dismissed.
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