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The High Court dismissed a judicial review brought by a Georgian national challenging the International Protection Appeals Tribunal's decision to refuse him refugee status or subsidiary protection. The applicant, who claimed discrimination in Georgia as a Russian speaker, argued that a fair process required an oral hearing of his appeal and that the Tribunal mischaracterised his claim and relied unfairly on absence of documentation. The court found that the Tribunal was entitled to proceed with a paper-based appeal in light of the facts provided, as no new or clarifying evidence had been identified by the applicant and no demeanour-based credibility issues were present. It further held the Tribunal was justified in distinguishing between discrimination toward ethnic Russians and Georgian nationals who speak Russian, and in drawing adverse inferences from the applicant's lack of documentation and account regarding his passport. The court concluded the Tribunal had not erred in law or breached fair procedures, and refused the relief sought.
international protection – refugee status – subsidiary protection – judicial review – International Protection Appeals Tribunal – Georgian national – Russian speaker – fair procedures – oral hearing – credibility assessment – absence of documentation – passport destruction – International Protection Act 2015 – safe country of origin – Benefit of the doubt – rules for accelerated appeal
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