High Court refuses leave to judicially review the decision refusing an Albanian national refugee status, on the grounds that she had failed to raise substantial grounds to challenge the decision of the Refugee Appeals Tribunal.
Judicial review – asylum and immigration – application for leave - Albanian national challenging the decision of the Refugee Appeals Tribunal to refuse her refugee status – claimed to have been forced into prostitution in Italy – claimed to fear that she would be re-trafficked - substantial grounds test – argued that the country of origin information was not considered as to the possibility of re-trafficking in Albania and violence against women – argued that the Tribunal Member erred in applying the incorrect standard of proof – Court previously found that the correct standard of proof to be applied to past events was the balance of probabilities coupled, in appropriate circumstances, with the benefit of the doubt – argued that the Tribunal failed to assess her credibility in the light of her individual and contextual circumstances - general and unspecific nature of this ground – argued that the Tribunal erred in failing to state any reasons for rejecting her explanation for the delay in applying for asylum – she was afforded every opportunity to address and explain the discrepancies and lacunas to the Tribunal - failed to do so – Court satisfied that the Tribunal did state reasons for rejecting her explanations – argued that the Tribunal erred in failing to have any reasonable regard to the country reports - Tribunal did not accept as a matter of credibility that the person she met on Facebook would in fact pursue her if she returned to Albania - no duty to assess country of origin information where the applicant’s credibility is being rejected generally – argued that the Tribunal’s decision is uncertain as to whether or not her evidence of being subjected to forced prostitution was accepted as credible – Court satisfied that the Tribunal clearly rejected her account of forced prostitution – argued that the tribunal’s finding that there was no Convention nexus is wholly unreasoned – Court found that the totality of the decision does support the finding that there was no Convention nexus - application for leave is refused.