High Court refuses judicial review of decision of Refugee Appeals Tribunal to refuse a Nigerian national refugee status on the grounds that: (1) the Tribunal did not fail to consider the country of origin information; (2) the Tribunal's finding on State protection was lawful; and (3) there was no illegality in the Tribunal’s assessment of her credibility.
Judicial review – substantive hearing – Nigerian national challenging the decision by the Refugee Appeals Tribunal to refuse her asylum - claims to have a well-founded fear of persecution on the grounds of membership of a particular social group and religion – her boyfriend was a Christian while she and all her family are Muslims – she became pregnant – her family threatened and assaulted her boyfriend, breaking his hand in the process, and that they told her she had to terminate her pregnancy - she claims to have been beaten by her father and brother - claims that she fears that her family will kill her or her child - whether there was a failure to consider the country of origin information – whether the Tribunal made an unlawful finding in relation to the availability of state protection – whether the credibility findings made by the Tribunal were unreasonable and unlawful - argued that the Tribunal Member failed to take into consideration the country of origin information which was supportive of the applicant’s case, in particular with regard to her finding on State protection – argued that the Tribunal failed to assess the applicant’s case on the basis of the correct test to examine whether State protection is available - inconsistency in the applicant’s testimony.