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High Court grants judicial review of the decision to refuse a Pakistani national of the Ahmadi faith refugee status, on the grounds that the tribunal’s decision to refuse her refugee status was made without the benefit of a decision of the European Court of Justice which stated that there is no requirement for a person to be an exceptional Ahmadi to be entitled to international protection.
Judicial review – telescoped hearing – Pakistani national of Ahmadi faith challenging the decision of the Refugee Appeals Tribunal to refuse her refugee status - mother claims that they had to leave Pakistan because her husband was an Ahmadi preacher – feared that she would suffer the same fate as her father if she did the same work as her father - child has been enrolled in a particular group named as Tehrik-Waqf-e-Nou, which means she would have to work as a preacher - claims at the age of 4 she would go to the preacher training school and then start preaching at the age of 15 - parents had not discharged the burden of proof upon them of showing that there was a reasonable likelihood that they would be persecuted for a Convention reason if returned - substantial amount of Country of Origin Information indicates both the killing of Ahmadis and the discrimination against Ahmadis – problem of infant applicants applying for asylum - must rely on their parents’ account – not a re-run of the parents’ case - no reference at all in the decision to the copious submissions to the effect that all Ahmadis in Pakistan are persecuted – no individual consideration - Tribunal Member failed to offer cogent reasons for the rejection of the additional evidence forwarded to support the application – whether there is a requirement for an Ahmadi to be an exceptional Ahmadi for the purposes of protection - essential that each Applicant’s appeal be considered individually - inappropriate that the same Tribunal Member considers the child’s application - Ahmadis are not able to practice their faith – laws criminalising that faith - anti-Ahmadi sentiment is tolerated by the authorities - no requirement for a person to be an exceptional Ahmadi to be entitled to protection - serious acts which interfere with the applicant’s freedom not only to practice his faith in private but also to live that faith publicly should be protected.
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