Failure to analyse reasons given for delay in refusal of asylum application

Judicial review – telescoped hearing – Vietnamese national challenging the decision of the Refugee Applications Commissioner refusing to recommend he be granted refugee status – claims that he colluded with the Americans during the war - land and house were taken by the government and he was sent to re-education camps - tried to escape Vietnam but was imprisoned – then no problems until he became more involved with the Catholic Church - had to attend the police station every day where he was questioned and then released in the evening - went into hiding – fled to Ireland with a valid visa – Commissioner recommended that he be refused refugee status and determined that he be denied an oral appeal hearing and instead be restricted to a written appeal – no well founded fear of persecution – adverse credibility findings – lack of knowledge of the Catholic Church - he did not claim asylum upon arrival in the State and there was a delay of over five years before the applicant claimed asylum – argued that the claim for refugee status based on his Catholic faith and did not deal with the other aspects of his claim - limited chance of success on appeal without an oral hearing - whether an applicant’s case would be unfairly hindered on appeal without an oral hearing – ability to challenge adverse credibility findings without an oral hearing - explanation given for the brief delay in applying for asylum appeared to me to be reasonable - Commissioner failed to properly analyse the explanation for not seeking asylum sooner.