Erroneous statement did not contaminate otherwise valid decision to refuse Moroccan national asylum

Judicial review – asylum and immigration – leave application – Moroccan national challenging the decision of the Refugee Appeals Tribunal - asserted that he fled Morocco because of his homosexual orientation – argued that the decision of the Tribunal is vitiated by reason of an error – at no stage throughout his asylum claim did he make the case that he could not be openly gay in Morocco – argued that the Tribunal finding that there was no convention nexus was unreasoned – whether the error could be severed from the balance of the decision - error complained of is incorporated within the decision - whether the relevant decision was tainted by a fundamental error of fact – Court satisfied that finding that he was not motivated to flee Morocco and seek protection elsewhere because of his sexual orientation is a rational and reasonable finding and has not been contaminated by the earlier erroneous statement as to capacity to be openly gay in Morocco – Court satisfied that excluding the erroneous statement the conclusion as to lack of credibility is tenably sustained by other correct facts – the erroneous statement can be severed from the rest of the decision on the basis that it has not contaminated an otherwise valid decision – Court satisfied that the tribunal provided reasons as to a convention nexus does not arise – read the decision as a whole – Court not satisfied that the applicant has demonstrated substantial ground to secure leave, and therefore the application is refused.