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High Court refuses judicial review of a decision of the International Protection Appeals Tribunal refusing subsidiary protection to an Albanian national, who claimed to be at risk of harm due to a blood feud, on the grounds that the rejection of the application in the absence of documentary evidence is not unlawful, and the tribunal did not fail to consider previous decisions.
Judicial review – asylum and immigration – Albanian national challenging the decision of the International Protection Appeals Tribunal refusing him subsidiary protection - claimed a risk of serious harm on the grounds of a blood feud - claims his uncle and cousin were killed in the alleged feud – refused asylum – found internal relocation was available – applied for subsidiary protection – refused by IPO on the grounds that internal protection was available – absences of death certificates – tribunal refused subsidiary protection – credibility now rejected – judicial review proceedings issued – alleged error in holding that there was no impediment to procuring death certificates for the cousin and uncle - alleged failure to give proper weight to evidence that the mother had made unsuccessful attempts to obtain such certificates – claimed that the rejection of credibility in the absence of documentary evidence was unlawful - alleged failure to have regard to his status as an unaccompanied minor at the time international protection was sought - alleged failure to consider the recommendation being appealed before reaching a decision on the appeal - de novo appeal - If one chooses to appeal, one cannot complain if favourable elements are displaced - alleged that the tribunal failed to consider the decision of the Refugee Appeals Tribunal – judicial review refused.
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