High Court refuses judicial review of the decision refusing a national from the Democratic Republic of Congo and her daughter subsidiary protection and leave to remain, on the grounds that although the decision refers to UK case law that was not referred to in the hearing, the International Protection Appeals Tribunal engaged in other reasoning, and it did not substitute the reasoning of the UK case law for its own reasoning.
Asylum and immigration – judicial review – national of Democratic Republican of Congo and her daughter challenging the decision refusing them subsidiary protection and leave to remain - treatment of failed asylum seekers on return to DRC - United Kingdom decisions - COI information - thorough and comprehensive decision - some of the material before the tribunal has been criticised by a body as well-reputed as the High Court of England and Wales – other reasoning – UK case law not mentioned at the hearing - mention of the UK case-law did not comprise the entirety of the IPAT’s reasoning, the IPAT engages in other reasoning, and it does not substitute the reasoning of the High Court of England and Wales (or indeed the UKUT decision which was referenced in the materials provided by the Applicants) for its own reasoning – all of the information and documentation provided has been fully considered - no unfairness – assessment of credibility - internal relocation – initially found to be credible – complains that the tribunal seeking to rewind the clock - if there was a point to be raised about ‘rewinding the clock’, it fell properly to be made when first engaging with the process under the Act of 2015, not following receipt of a decision that one does not like at the conclusion of a process in which one freely participated without objection.