High Court refuses judicial review of decisions refusing married South African nationals refugee status, on the grounds that the conduct of the joint hearing was lawful and the International Protection Appeals Tribunal was within its jurisdiction to consider that one spouse could be excluded from hearing the other’s evidence given that the right to be present only applies to one’s own case rather than the entirety of the joint hearing.
Asylum and immigration – judicial review – married South African nationals challenging the decision of the International Protection Appeals Tribunal refusing them asylum – similar issues arising – joint hearing - joint hearings allowed in certain circumstances - issue of exclusion of one applicant during the evidence of the other applicant may fall for consideration – given the option of two separate back-to-back hearings or a joint hearing where each would be excluded from the other’s oral evidence - willing to consent to leaving the hearing room for each other’s evidence in the context of a joint hearing – their accounts were inconsistent - individualised assessment of their claims – adverse credibility issues arose from their evidence – judicial review issued - conduct of the joint hearing – they were not excluded - they were personally present for a part of the joint hearing but they were represented by a legal adviser throughout – not an improper exclusion – waiver - issuing of a joint decision – cases were individually considered - no injustice was done to either applicant by the procedure adopted - credibility as to past event - litany of material on which the tribunal member was entitled to act in drawing the adverse credibility finding - adverse credibility findings were well within the jurisdiction of the tribunal - future assessment of risk - tribunal expressly considered the question of future risk and did so in a lawful manner – judicial review refused –