High Court refuses a national from the Democratic Republic of Congo leave to extend time to challenge the decision of the International Protection Appeals Tribunal’s decision refusing him refugee status, on the grounds that there was no good or sufficient reason to extend time.
Judicial review – asylum and immigration – substantive hearing - national of the Democratic Republic of Congo challenging the decision of the International Protection Appeals Tribunal to refuse him refugee status - International Protection Appeals Tribunal substituted for Refugee Appeals Tribunal pursuant to newly commenced legislation - application to extend time – 28 days from notification of decision - no application for an extension of time made at leave hearing – duty not to mislead the court - genuine error - good and sufficient reason for extending time – whether the merits of the case are irrelevant to the question of whether there is good and sufficient reason for extending time to bring these proceedings – Court determined it was appropriate to consider the extension of time issue in conjunction with the substantive application for judicial review -feared persecution on account of his political opinion and membership of, and involvement with, the UDPS political party - family home was attacked three times – beaten - did not receive any assistance from the authorities - moved to another part of the country – attacked there - attacked in their home - brother was shot dead - believes that his mother and sister were raped and then kidnapped – tribunal made adverse credibility findings - standard of proof – High Court previously determined that it should be the balance of probabilities, coupled with, where appropriate, the benefit of the doubt – judicial comity – argued that the tribunal failed to apply the benefit of the doubt properly when assessing the evidence – not pleaded – tribunal was not satisfied as to his general credibility - accordingly, the necessary condition precedent to the application of the benefit of the doubt was not present – argued that the tribunal failed to have adequate regard for the notice of appeal and country of origin information - unnecessary to require a decision-maker to decide on every such element where an adverse finding has been made in respect of one, save in exceptional circumstances – argued that the tribunal incorrectly assessed his credibility – principles for the assessment of credibility – credibility findings were lawful - no good or sufficient reason to extend time.