No reasons given for rejecting country of origin information supportive of Zimbabwean national’s asylum claim

Judicial review – asylum and immigration – substantive decision – Zimbabwean national challenging the decision of the Refugee Appeals Tribunal refusing him refugee status – extension of time – Court found that there is good and sufficient reason for extending the period within which the application could be made – member of MDC - beaten in Gwatemba as a result of his political activities - moved to Bulawayo - abstained from political activity – returned to Gwatemba - became immersed in the election campaign with the MDC - warned of imminent arrests – fled - informed by his brother that the police had arrived at the family home and were searching for him – tribunal failed to identify the reason why he had abstained from political activities – tribunal found that low level harassment of particular MDC members did not amount to persecution - country of origin information points to a reduction in politically motivated violence - the past persecution suffered, though likely politically motivated, and intended to terrify and intimidate him, was during the most brutal period of political motivated violence in Zimbabwe’s recent history - since then there has been a marked reduction in the violence and, in particular, supporters of the MDC are unlikely to face any difficulties in Bulawayo, where he lived for most of the last six years – tribunal determined that the accepted evidence of past persecution is not a serious indication that such serious harm will be repeated – he has a subjective fear of persecution - no objective basis for his fear of persecution if he is returned to Zimbabwe - his fear of persecution is not well founded - there is no mention or analysis of the abstention from political activity when he was living in Bulawayo - no finding of internal relocation – he argued that the tribunal’s decision contained material errors as to fact – argued that the tribunal failed to have regard to all the country of origin information reports – argued that relevant country of origin information which was not properly considered – selective use of country of origin information – role of the Court in judicial review – no evidence rule – where there is conflicting country of origin information and the tribunal prefers one report over another the tribunal must give reasons for rejecting the other report – Court found that the failure of the tribunal to set out, record, or mention the reason he avoided difficulties in Bulawayo was by staying away from the MDC and politics was a key omission – tribunal did not give reasons why certain country of origin information reports were not relied upon and only relied upon such information which justified her finding that there was no well-founded fear of persecution and did not give reasons for rejecting other grounds of country of origin information which sought to suggest a very different picture - tribunal erred in the manner it considered his evidence of past persecution.