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High Court grants judicial review of the decision refusing refugee status to a Nigerian mother and her two children, who claimed that the second son was at risk of forcible circumcision, on the grounds that the Refugee Appeals Tribunal failed to deal with the core aspects of their claim.
Judicial review - asylum and immigration - telescoped hearing - Nigerian mother and her two children challenged the decision of the Refugee Appeals Tribunal refusing them refugee status - son was forcibly circumcised - informed that unborn son would also be circumcised in accordance with tradition - paternal family would not agree to a circumcision being performed in hospital - husband, who had agreed with the views of his wife regarding the home circumcision left the family home and advised his wife to do likewise - husband effectively abandoned his wife and child - threatened with death when she informed family that she would not have him circumcised - fled and claimed asylum - adverse credibility findings - argued that tribunal wholly failed to make any finding with respect to the evidence that the son had been subjected to a traditional circumcision or the potential exposure of the third applicant to a like circumcision - primary function of the tribunal was to make a clear and unambiguous finding in relation to the claim based on traditional male circumcision - tribunal is legally bound to give reasons for the rejection of significant aspects of the evidence given by the applicants or elements of the claim - tribunal should have considered the medical report and letter as part of the process of assessment of credibility - findings relating to the credibility of the mother were based on conjecture in relation to peripheral matters - finding in respect of internal relocation was made without making any assessment of the internal relocation alternative in accordance with the requisite legal principles - decision of the tribunal was irrational in light of the country reports before the tribunal - tribunal had preferential regard to the country of origin information - core issue identified was the manner in which the tribunal had dealt with the claim that the unborn son was at risk of persecution because he was at risk of circumcision being carried out upon him in accordance with traditional rites - speculative finding - reasons not set out or stated in the report - reasonable explanation to substantiate his or her claim that the State is the first safe country in which he or she has arrived since departing from his or her country of origin - no assessment or finding as to whether or not a forceful circumcision was carried out on the son - documents rejected without consideration - tribunal member failed to deal with the core aspects of the claim - judicial review granted.
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