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High Court grants judicial review of decision refusing to revoke the deportation order made against a Nigerian national, strikes out the parts of the Minister for Justice's decision which deal with the Nigerian national's sexual orientation, and remits the application to the Minister to reconsider the part of the decision relating to the homosexuality claim, on the grounds that the basis for the finding that refoulement did not arise was unclear.
Judicial review - asylum and immigration - Nigerian national challenging the decision of the Minister for Justice refusing to revoke the deportation order made against her - argued that Minister failed to deal lawfully with her allegation of anticipated harm if returned to Nigeria arising from her claim to have a same-sex orientation - failure to refer to the correct test for refoulement - lack of clarity as to why the decision-maker arrived at the decision that refoulement was not an issue - whether her credibility was impugned - lack of clarity as to the reason for the conclusion (which is the core of the decision) regarding the availability of state protection - Minister's general knowledge - credibility concerns - unclear whether these concerns were in the mind of the decision maker - unclear what was the basis of the finding that refoulement did not arise - court has a discretion to quash the flawed part of a decision leaving the rest intact - number of strands to the s. 3(11) decision which were not impugned - order to quash only a part of the decision -
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