Failure to consider full extent of medical and psychiatric evidence submitted by DRC applicant for refugee status

Judicial review – telescoped hearing – national of the Democratic Republic of Congo challenging the decision of the Refugee Appeals Tribunal to refuse him refugee status - claims his problems commenced in February 2009 when his cousin, who was a member of FDLR, asked to stay with the applicant whilst he made arrangements to leave DRC - some men came to his house armed with weapons - tied up him, and his cousin and put them into a truck which conveyed them to a military camp - suffered beatings and was kicked - conditions in the prison were primitive - became ill and was examined by a doctor - was told he would have to have surgery for the removal of his appendix - discovered he had malaria, typhoid fever and other diseases - visited by a contact who told the applicant that a rich client had decided to use his money to have him released - fears returning to DRC because he faces either life imprisonment or the death penalty – alleges that the tribunal member failed to take relevant matters into account - alleges that the tribunal member made errors of fact - failure to consider the full extent of medical and psychiatric evidence adduced before the tribunal - furnished the tribunal with a number of documents including a SPIRASI report - tribunal member failed to consider the full extent of the medical and psychiatric evidence in the SPIRASI report - failed to exercise appropriate vigilance and care - inaccurate summary of the report - tribunal member failed to have regard to other findings made by the SPIRASI examining physician - save a short inaccurate summary of the report, no findings were made by the tribunal member regarding the said report - tribunal member made reference to the physical and psychological findings in the report such that it cannot be contended that the tribunal member did not consider it in full - sole preserve of the tribunal member to assess its probative value - whether the tribunal member’s summary of the report was sufficiently accurate – whether the court is able to assess the validity of the process by which the tribunal member reached the conclusion he did notwithstanding the absence of a more expansive consideration of the SPIRASI report - whether there was an unlawful failure by the tribunal member to state reasons why the report did not alter the view which the tribunal member clearly took of his credibility - no reference to his “anxiety disorder” - physical manifestations of alleged ill-treatment in the form of two scars on his left elbow and other physical sequelae, recited in detail in the SPIRASI report but not adverted to by the tribunal member - this constitutes a material error on the part of the tribunal member - an incomplete summary cannot suffice – guidelines for an administrative decision maker when assessing credibility - assessment of credibility must be made by reference to the full picture –when discounting or rejecting documentary evidence or information relied upon in support of a claim and which is prima facie relevant to a fact or event pertinent to a material aspect of the credibility issue, the reasons for that rejection should be stated - tribunal entitled to make findings of fact based on the oral testimony of the applicant and the materials placed before it - reliable country of origin information before the tribunal clearly showed that the reputation of the FDLR was well known throughout DRC - no obligation on a tribunal member to recite in the decision each and every facet of the applicant’s account of events - what is required is that there is a rational basis for the conclusion reached by the tribunal member on the issue - satisfied that the tribunal member’s recital of the his testimony that his cousin was intent on starting a new life is a sufficient indicator that he took cognisance of his reasons for helping his cousin - within jurisdiction and within the bounds of rationality for the tribunal member to conclude that he must have been aware of what the FDLR stood for and of their alleged activities in DRC - alleged failure of the tribunal member to consider relevant matters when finding it was not credible the applicant told his neighbour that he was hiding his cousin - alleged material errors of fact - whether the tribunal member erred materially when he found him to be inconsistent in the evidence he gave regarding his friendships – court was not satisfied that the tribunal member was entitled to find the applicant was inconsistent - the error of fact made would appear to be that the tribunal member was of the view that he had two friends resident in Goma, when in fact only one was resident there - this finding of inconsistency, of itself, is not sufficient to impugn the decision arrived at by the tribunal member - alleged failure of the tribunal member to assess relevant evidence before making an adverse credibility concerning the medical attention provided - submitted that the tribunal member made this speculative finding in breach of fair procedures by failing to consider and assess evidence given - given that his account of his prison experiences could not be described other than as relating to his core claim, in deciding to reject as not credible his evidence that the authorities would have afforded him hospital treatment while at the same time having decided he would either be executed or die in prison, it was incumbent on the tribunal member to expressly take account of his explanation as to why he received such care - tribunal failed to take account of the matter, and this failure is of sufficient seriousness as to affect the decision on credibility made in the case - tribunal member’s failure to take into account relevant matters when finding that he did not give a coherent reason for not seeking asylum in countries he transited - tribunal member erred in failing to take account of his mental state - erred in making an adverse credibility finding concerning his failure to apply for asylum in other states as there is no suggestion that he specifically claimed Ireland was the first safe country he encountered after leaving his country of origin.