High Court refuses leave to appeal its decision refusing judicial review of the Refugee Appeals Tribunal’s decision refusing refugee status, on the grounds that the court’s findings in this case were inextricably bound up with the facts of this case such that an appeal could not transcend the facts of this case and, consequently, no point of law of exceptional public importance was raised.
Judicial review – asylum and immigration – application for leave to appeal - principles and requirements governing the grant of a certificate for leave to appeal – three questions – whether in assessing the applicant’s fear of persecution is objectively justified, is an asylum decision-maker obliged to provide a reason or reasons for preferring one relevant piece of country of origin information over others - assessment of country-of-origin information and the weight to be accorded to it, is a matter for the decision-maker - treatment of the SPIRASI Reports - manner in which the Tribunal Member dealt with the SPIRASI Report was within his remit and he was entitled to arrive at the conclusions set out in the impugned decision - not pointed to any error in the manner in which the Court arrived at its decision - negative credibility finding – whether the mandatory provisions of s. 11B(b) of the Refugee Act 1996 only applicable where a claim is made by an asylum applicant that Ireland was the first safe country encountered after he or she departed his/her country of origin – argued that the Court departed from the views expressed by other judges – decision maker entitled to have regard to the applicant’s transit through a safe country, provided that she also has regard to any reasonable explanation offered by the applicant for his or her failure to make an application for asylum in that country - did consider the applicant’s explanation for not claiming asylum in Russia and found it to be unreasonable - whether a conflict exists between two High Court judgments – cannot divorce legal reasoning from the facts of the case - Court’s finding on this point is inextricably bound up with the facts of this case - even if the Court accepted that a conflict existed between its decision and those of other judgments of the High Court, Court cannot be satisfied that a certificate of appeal on this issue could transcend the facts of this case -peripheral role played by an improper s. 11B(b) finding in vitiating a decision - leave to appeal refused.