High Court grants judicial review of the decision refusing an Eswatinian national international protection, on the grounds that the International Protection Appeals Tribunal’s decision contained errors of fact and inadequate reasoning, and these frailties could not be severed from the remainder of the decision.
Judicial review – asylum and immigration – Eswatinian national challenging decision of the International Protection Appeals Tribunal refusing her international protection - claimed a risk of persecution due to her involvement in an opposition movement – claims she was harassed by police for wearing trousers contrary to local expectations of modesty – applied for asylum - made a declaration of voluntary return - withdrew her asylum application - indicated an intention to withdraw the request for voluntary repatriation – Minister consented to the making of a further protection application – application for asylum refused – IPAT came into being – appeal adjourned to allow subsidiary protection application – subsidiary protection application refused – appeals refused – judicial review issued - alleged irrelevance of her motivation for coming to Ireland - lawful for the tribunal to conclude in particular circumstances that a person was motivated by personal factors, so motivation is not at all irrelevant to the task of the tribunal - alleged breach of fair procedures - first arrests for wearing t-shirts – claims that the circumstances of her arrest should have been put to her – no evidential basis for the fair procedures point - alleged error of fact regarding emails - manufactured documents - alleged error of fact regarding t-shirts - complaint regarding an error of fact under this heading is made out because the tribunal did not factor in the material regarding the previous wearing of t-shirts and implied that there was a significance in the proximity between the particular arrests referred to and her story of being given a t-shirt – alleged illogicality of the finding regarding possession of membership cards – country of origin information – lack of adequate reasoning - not possible to sever the problematic parts of the decision from the remainder – judicial review granted.