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High Court refuses judicial review of a challenge to the decision of the Refugee Appeals Tribunal refusing an applicant refugee status, on the grounds that the Tribunal’s consideration of the medical report was rational and reasonable, and that it did not misapply Eligibility for Protection Regulations as the provision was not engaged where there was no finding of past persecution.
Judicial review – asylum and immigration – challenging the decision of the Refugee Appeals Tribunal to refuse her asylum – claimed to fear persecution arising from history of being a victim of sexual abuse - negative credibility findings – consideration of SPIRASI Report – argued that the tribunal misapplied Reg. 5 (2) of S.I. 518 of 2006 - argued that the tribunal failed to correctly assess her past persecution – argued that the tribunal failed to weigh relevant information or took into account irrelevant considerations – argued that the tribunal did not give due weight to the medical report – argument not accepted by Court - within the jurisdiction of the Tribunal to find that notwithstanding the medical report her credibility was found wanting - only when past persecution has been accepted however there is also a finding that there is no real risk of further persecution if returned that the question needs to be posed as to whether or not there are compelling reasons arising out of previous persecution alone (in an application for refugee status) such as might nevertheless warrant a determination that the applicant is eligible for protection - no finding of past persecution – regulation not engaged.
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