High Court refuses judicial review of the decision refusing Nigerian national subsidiary protection, on the grounds that there was no evidence before the tribunal that he suffers from a medical condition, and that the applicant retains primary responsibility for describing facts and events which fall into the personal sphere.
Judicial review – asylum and immigration – Nigerian national challenging the decision of the International Protection Appeals Tribunal refusing him subsidiary protection – claimed that his family was attacked and mother killed when his father converted to Christianity – applied for asylum – left direct provision without forwarding address – deportation ordered – applied for subsidiary protection – deportation order revoked – subsidiary protection application refused – adverse credibility findings – pleadings - provided no medical evidence of mental illness or disability - explanations were not dismissed “out of hand” but rejected - claim of “breach” of the UNHCR handbook is not cognisable in Irish law - claim is inadequately particularised in that no specific provision is identified - did not make point about mental incompetence to the tribunal - there was not and still is no evidence that the Nigerian national has a medical condition - tribunal is not a fully inquisitorial body but operates a well-established shared duty, which does not displace the applicant’s primary responsibility for personal factors – shared duty – primary responsibility to describe the facts and events which fall into his or her personal sphere is that of the applicant – judicial review refused