High Court refuses judicial review of the decision to refuse a Pakistani national refugee status, on the grounds that Refugee Appeals Tribunal’s decision - that he did not fear persecution for a Convention reason - was lawful.
Judicial review – Pakistani national challenging the decision of the Refugee Appeals Tribunal refusing him refugee status - family feud relating to land and business - brother and nephew were willed in this dispute by another brother and he believes that he would be killed if he did not flee - fled Pakistan - believed that he was going to Canada - when it became apparent that he was not being collected for the onward flight to Canada, he applied for asylum – Refugee Applications Commissioner rejected his claim – found that he failed to make an application as soon as reasonably practicable after arriving in the State and that as the Applicant had not provided a reasonable explanation for failing to claim asylum – papers only appeal – Tribunal made additional adverse credibility findings - no documentary evidence submitted - no medical evidence – found that the Pakistani national failed to establish subjectively and objectively well-founded fear of persecution for a Convention reason - how the Refugee Appeals Tribunal should deal with the appeal conducted without an oral hearing – Court cannot review Commissioner’s decision that a papers only review was appropriate - definition of acts of persecution – definition of membership of a particular social group – relevant statutory provisions.