Nigerian national’s asylum appeal not given proper and due consideration

Judicial review – asylum and immigration – telescoped hearing – Nigerian national challenging the decision of the Refugee Appeals Tribunal refusing her refugee status – husband was next in line to become chief - could not take up the role until he had a child - difficulties with her husband’s family arose because she did not have children - husband’s four brothers and two sisters forcibly performed female genital mutilation on her because they believed women who do not have this done do not get pregnant – they relocated, but family continued to harass her – assaulted her – burnt down her house – fled - preliminary application by the tribunal – argued she failed to appeal a specific finding by the commissioner, the lack of a convention nexus - inappropriate to seek judicial review – Court held that it was abundantly clear from any reading of the tribunal decision and indeed the notice of appeal that the question of her entitlement to refugee status, i.e. that she had a claim that had a convention nexus, was both contained in the notice of appeal and was apparent therefrom - also apparent that it was dealt with by the tribunal member – argued that the tribunal erred in law and breached fair procedures in the assessment of credibility; in a failure to give reasons, and in the assessment of internal relocation – no reasons for the finding that her demeanour was less than credible – no reasons given for credibility findings and findings that there was a lack of a convention nexus argued that the internal relocation assessment carried out in this case was unlawful – tribunal argued that the credibility findings are substantial and, therefore, the internal relocation finding can be severed – internal relocation finding does not comply with the requirements set out in case law - unclear upon reading the decision if the her claim has been rejected because of credibility or because the claim of persecution did not have a convention nexus - issue of internal relocation was considered in circumstances where it may have been accepted by the tribunal member that she was harassed by her husband’s siblings - tribunal member does not make a clear and definite finding in relation to FGM as a core element of her claim of persecution – if the tribunal is to dismiss the applicant’s claim because of a lack of credibility, then the decision should contain clear reasons for that rejection - assessing the adequacy of reasons – her claim was not given the proper and due consideration.