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High Court refuses judicial review of decision to refuse a Pakistani minor, whose father appears to have been involved in human trafficking, refugee status, on the grounds that: (1) the decision not to afford him an oral hearing was made by the Refugee Applications Commissioner, therefore the Refugee Appeals Tribunal is not the appropriate respondent; (2) he was not disadvantaged by the fact that his parents' claim had not been fully investigated previously; (3) the Tribunal’s finding that the Pakistani minor’s father was fleeing prosecution and not persecution was not a new finding; (4) the error in the Tribunal’s decision did not relate to a core finding of fact; (5) the Tribunal was not under an obligation to embark on a detailed examination of every document submitted by the Pakistani minor as the documents submitted were not probative of the core issue; and (6) the Tribunal’s findings regarding internal relocation were lawful.
Judicial review – telescoped hearing - Pakistani minor challenging the decision of the Refugee Appeals Tribunal to refuse him refugee status – father appears to have been involved in human trafficking – he obtained substantial sums of money from eight men in order to traffic them to Korea – he did not send these men abroad as agreed but kept their money – father was arrested and taken into custody – whilst on bail, he fled from Pakistan and appears to have arrived in Ireland – applied for asylum – discovered that he had a valid visa to enter the United Kingdom – pursuant to the Dublin II Regulations the Member State which issued the visa shall be responsible for examining the application for asylum – father was consequently be transferred to UK –father did not comply with the direction to present himself for removal from the jurisdiction – following the birth of his son the father applied to be readmitted to the asylum process – application was granted – father did not attend for interview and his application was deemed withdrawn – father sought accommodation on behalf of his family - again applied to be readmit-ted to the asylum process but on this occasion was refused – father made an asylum application on behalf of the Pakistani minor – father claimed that there was an attempt on his life in Pakistan by persons connected with the government who were also instrumental in bringing false charges against him – father claimed that there was an attempt to kidnap his daughter who is a small child still living in Pakistan – father claimed that he feared that if returned to Pakistan, the minor would be at risk of death or kidnap – claimed that the reason for this persecution was that he refused to join the Muslim League - Tribunal member concluded that the father was fleeing prosecution, not persecution – Tribunal found that there was no Convention nexus established – Tribunal member found that there was no evidence of a failure of state protection in the Pakistani minor's case and that internal relocation to Karachi was a viable option – Pakistani minor argued that the procedures adopted in relation to applications for international protection deprived the applicant of an effective remedy as required by European law – alleged that there was a failure to have any or any adequate regard to the Pakistani minor’s submissions and documentation and placing undue reliance on adverse credibility findings in the parents' asylum application which had never been the subject of a substantive hearing – minor argued that failure to afford the applicant an oral appeal in circumstances where the main issue was the applicant's credibility was fatal – that the finding that the applicant's father was fleeing prosecution, not persecution, was new and that it was unfair to introduce this new ground on appeal – that there was a failure to have regard to and analyse the documents submitted – that the findings regarding internal relocation were irrational in circumstances where it was clear that his father would be arrested on returning to Pakistan – Tribunal argued that the Pakistani minor could not now complain about the lack of an oral appeal where he had not challenged the decision of the Refugee Applications Commissioner – correct approach to the review of any adverse credibility decision is to view the decision as a whole and then to consider whether the matter complained of, in the event of the complaint being upheld, represents a core finding upon which the adverse credibility decision was based - error in this case does not relate to a core finding of fact error in this case does not appear to me to be a core finding of fact - Tribunal member was not obliged to embark on a detailed analysis of individual documents unless the documents on their face appeared to corroborate the claim for asylum – Pakistani minor did not show that any of the documents are probative of the core issue.
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