Refugee Appeals Tribunal failed to consider Pakistani national’s claimed Shia Muslim status

Judicial review – asylum and immigration – Pakistani national challenging the decision of the Refugee Appeals Tribunal to refuse him refugee status – duty to give reasons – adverse credibility findings - argued that the Tribunal erred in law in failing to consider whether he might exposed to persecution on his return to Pakistan by reason of his religion – he is Shia Muslin and claims that he is at risk from extremist groups because of his race religion and political opinion – claims that he was assaulted – gave different dates for the assault - tribunal dissatisfied with the explanation for the different dates – tribunal made adverse credibility findings in relation to the fact that he changed the identity of the party who organised his travel to Ireland – argued that the analysis as to well founded fear is not
in fact an analysis at all or if it could be described as analysis it is wholly insufficient and/or inadequate and/or unreasonable - the obligation to consider the risk of future persecution must have a basis in some elements of the applicant’s story which can be accepted as possibly being true - in some cases the fact of past events not being believed will relieve the administrative decision maker of the obligation to consider a risk of future persecution - forward looking test – accepted that he was Pakistani – ambiguity as to his religion – element of his story was accepted – his claimed Shia Muslim status deserved further consideration.