High Court refuses judicial review of the decision refusing Algerian national international protection, on the grounds that there was no basis to allege that the decision of the International Protection Appeals Tribunal failed to consider the cultural context and did not take into consideration relevant matters.
Asylum and immigration – judicial review – Algerian national challenging the decision refusing him international protection – employer engaged in fraudulent practices and misappropriation - left Algeria to go to France on holidays – learned that he was being accused of misappropriation by his employer – did not contact the employer in order to protest his innocence - adverse credibility findings – refused international protection – appeal dismissed – proceedings issued - complaint that the tribunal should not have had regard to his failure to engage with alleged actor of persecution – whether or not the applicant contacts the person from whom he says he fears harm or whether or not he entertains that person’s attempts to make contact, is a part of the facts and circumstances of the case and cannot be arbitrarily disregarded - having regard to such a matter is not an error of law, fatal or otherwise - alleged failure by the tribunal to provide reasons why he would not be subject to harm in the context of a claim of unethical practices - premise of this ground is misconceived - no actual finding that the employer had bribed and blackmailed a tax official in the past – no obligation to make such a finding - tribunal did find reasons as to why the unethical and fraudulent practices of the company would not translate into harm to him - there was no reason why he would have fallen under suspicion – alleged failure to provide reasons - alleged lack of evidence to support finding that the employer is not violent - point does not arise because the claim of blackmail and threats was not specifically accepted by the tribunal – alleged failure to appreciate the cultural context or engaging in speculation or conjecture - making an adverse decision is not to be equated with failing to appreciate the cultural context or with giving vent to gut feelings - no basis to say that the tribunal did not consider the cultural context - country of origin information was considered and the decision makes that explicit – judicial review refused –