Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of the decision refusing a Ghanaian born South African citizen subsidiary protection, on the grounds that the International Protection Appeals Tribunal lawfully assessed the claim, and there is no obligation on a decision maker to list each and every argument and fact being rejected.
Judicial review – asylum and immigration – substantive decision - challenge to the decision of the International Protection Appeals Tribunal refusing subsidiary protection – Ghanaian national fled to South Africa due to persecution – married in South Africa – wife died – became a South African citizen - attacked by his wife’s family – formed a new relationship and came to Ireland - credibility findings – rationale for findings clearly set out – failed to demonstrate that the tribunal’s findings were unfair and irrational – role of High Court in judicial review - no suggestion that there is any obligation to specify the weight of each factor in a negative decision – no evidence that the tribunal ignored the guidelines relating to the assessment of credibility produced by the UNHCR and IPAT itself - a matter for the decision-maker to decide whether or not the omission of important matters goes to credibility, especially where the decision-maker sees and hears the applicant - any contradiction between the various accounts offered by an applicant is a matter for the tribunal to assess - tribunal is not obligated to somehow refer the matter back to the commissioner or the Minister - tribunal is not required to set out each element of the applicant’s narrative are deemed credible or incredible - a decision-maker is not obliged to list every argument which he is rejecting or every fact the significance of which he is discounting – tribunal does have a duty to consider the risk of future harm, but no credible risk of exposure to future harm in South Africa could arise from his South African nationality – ethnic origin considered – judicial review refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.