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High Court grants judicial review of the decision refusing Nigerian family international protection, on the grounds that the International Protection Appeals Tribunal erred in excluding documents from consideration and incorrectly analysing facts relevant to another documents.
Asylum and immigration – Nigerian nationals challenging the decision refusing them international protection – assessment of credibility – adverse credibility findings - Tribunal erred in law in its determination by excluding at least one document from consideration and by incorrectly analysing facts relevant to another - if documents capable of having material bearing on credibility are excluded from consideration, adequate reasons must be given for this course of action - report from the Commissioner of Police in Lagos dated 15 January 2020 - tribunal did not disclose the basis on which these documents were rejected or refer concerns about their authenticity or contents to the applicants or the presenting officer - conclusions lacked any factual basis - errors of law are sufficiently serious to justify an order setting aside the determination of the Tribunal - Tribunal made a factual error in stating in its determination that the letter from Peachtree solicitors was sent after the applicants arrived in Ireland - Tribunal’s adjudication - Tribunal is obliged to consider any document on behalf of an applicant – Tribunal should not draw adverse inferences on provenance of documents tendered for consideration without giving an appellant and the presenting officer an opportunity to address relevant concerns – judicial review granted
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