Tribunal erred in not deciding claim to fear persecution in Jamaica as children of a homosexual mother

Judicial review – asylum and immigration – telescoped hearing – Irish born minors to Jamaican mother challenge the decision of the Refugee Appeals Tribunal refusing them refugee status – mother claimed asylum based on fear of domestic abuse - ex-partner was a member of a prominent gang in Jamaica – claim was rejected – children were born in the state – applied for asylum - fear that they would be subject to persecution in Jamaica as children of a homosexual mother in Jamaica - as children subject to general violence in Jamaica - as children subject to domestic violence by their mother’s abusive ex-partner – application was rejected – papers only appeal - argued that the tribunal erred in failing to consider their application for international protection on an individual basis -  claim advanced on behalf of the minor applicants was not addressed by the Tribunal Member - Tribunal Member failed to appreciate the fact that just because the applicants’ mother had not made a claim in the course of her own application for asylum based on her fear of persecution on account of her sexuality, that did not mean that the applicants were not entitled to a fair hearing on the claim being advanced on their behalf in 2012, in circumstances where the basis of that claim arose after the determination of their mother’s asylum claim - unfair decision of the Commissioner to limit the minor applicants to an appeal on the papers only -  Tribunal Member adopted the correct approach in relation to State protection - whether there is merit in the respondents’ argument that the applicants are effectively precluded from advancing this ground of challenge to the Tribunal decision on the basis that they should have challenged the Commissioner’s restriction of their appeal to a papers-only one - de novo hearing before the Tribunal - satisfied that the challenge to the decisions on the ground that the Tribunal erroneously declined to adjudicate on their claim of persecution on the grounds of their mother’s sexual orientation has been made out -  core deficiency in the decision amounted to an abdication of jurisdiction – granted judicial review.