B. O. B v Refugee Appeals Tribunal and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice Colm Mac Eochaidh
• Judgment Date: 02 May 2013
• Neutral Citation: [2013] IEHC 187
• Court: High Court
• Date: 02 May 2013

[2013] IEHC 187

THE HIGH COURT

[No. 914 J.R./2009]

B (B O) v Refugee Appeals Tribunal (RAT) & Ors

No Redaction Needed

JUDICIAL REVIEW

BETWEEN

B. O. B.

APPLICANT

AND

THE REFUGEE APPEALS TRIBUNAL, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE ATTONEY GENERAL, IRELAND

RESPONDENTS

AND

THE HUMAN RIGHTS COMMISSION

NOTICE PARTY

A (E P) v REFUGEE APPEALS TRIBUNAL UNREP MACEOCHAIDH 27.2.2013 2013 IEHC 85

VOGA v REFUGEE APPEALS TRIBUNAL UNREP RYAN 3.10.2010

SR (PAKISTAN) v REFUGEE APPEALS TRIBUNAL UNREP CLARK 29.1.2013 2013 IEHC 26

MEADOWS v MIN FOR JUSTICE & ORS 2010 2 IR 701

R (I) v REFUGEE APPEALS TRIBUNAL UNREP COOKE 24.7.2009 2009/47/11866 2009 IEHC 353

OR v REFUGEE APPEALS TRIBUNAL UNREP MAC EOCHAIDH 20.1.2012 2012 IEHC 573

P (V) v MIN FOR JUSTICE 2003 4 IR 200

T (D) v REFUGEE APPEALS TRIBUNAL UNREP COOKE 3.11.2009 2009/54/13737 2009 IEHC 482

EUROPEAN COMMUNITIES (ELIGIBILITY FOR PROTECTION) REGS 2006 SI 518/2006 REG 7

Asylum & Immigration law - Judicial review - Credibility findings - Ghana - Negative - Lack of basis - Lack of consideration of core claim - Internal relocation findings - Whether the Court grant leave - Whether Tribunal Member had failed to consider the core claim

Facts: The applicant from Ghana and claimed that his father had reacted negative to his conversion from Islam to Christianity. He had fled to Ireland from Ghana following a series of events and sought asylum there. He sought reliefs arising from a negative determination by the respondent. He complained that the Tribunal had failed to assess his core claim and that negative credibility findings were not based upon an accurate assessment of the evidence. These included that the Tribunal member had made a first credibility finding in respect of his conversion to Christianity. The second credibility finding concerned the relationship of his parents. The third credibility finding related to his failure to report the death of his child to the police. The sixth credibility finding concerned omissions from his questionnaire.

Held by MacEochaidh J. in granting leave, that the decision of the Tribunal would be quashed and the matter remitted for re-hearing. The Tribunal Member had not expressed conclusions on the claim of the applicant clearly. The first credibility finding was irrational as the applicant had explained the circumstances in which he came to raised Christian. The second credibility finding ignored the explanation given for the fact that the applicant”s mother was not persecuted. The third credibility finding on the failure to report inaction was based upon an error of fact, i.e. that the applicant had made such a complaint. The sixth credibility finding was insufficiently detailed. His core claim had not been adequately addressed and the Tribunal Member had failed to decide whether he was persecuted by his father. The Tribunal Member had gone on to make wholly unnecessary statements in respect of internal relocation.

1 In these 'telescoped' judicial review proceedings, the applicant seeks reliefs arising from a negative determination by the Refugee Appeals Tribunal (the "Tribunal").

2 The applicant is from Ghana and was born in 1982. The persecution alleged arises from his conversion from Islam to Christianity and the negative reaction of his father, a Muslim elder. The applicant's first born child was said to have been killed by an unknown assailant in 2000 and the applicant suspects his father's involvement. The applicant complained that the police were inactive following this event. He married his Christian girlfriend, the disapproval of his father notwithstanding. His house was burnt down. Following threats from his father and his father's associates, the applicant fled Ghana alone in 2007 and eventually sought asylum in Ireland.

3 Three complaints are maintained against the decision of the Tribunal in these proceedings.

4 Firstly, it is alleged that the Tribunal failed to assess the applicant's core claim. The complaint is expressed as follows in written submissions:

"The Tribunal failed to perform the fundamental task of making an assessment of the evidence and thereafter expressing in clear terms whether or not it was accepted that the Applicant had married and created a family with a Christian, had formally joined a Christian church himself, whether his father was a Muslim elder well-known within Muslim circles and who resolved to destroy the Applicant's 'life, children and marriage', whether the Applicant had in fact been subject to the threats and assaults as stated by him, and whether the father's actions and threats were plausible in the light of known country conditions."

5 The second complaint made of the Tribunal is that negative credibility findings were not based on an accurate assessment of the evidence. Numerous credibility findings seem to have been made by the Tribunal Member who neither expressly accepts nor rejects the applicant's conversion to Christianity and his persecution by his father. The assessment of the applicant's claim is expressed in the following terms by the Tribunal Member:

"The applicant claims to be a Ghana national who suffered difficulties as a result of religion. The applicant states he lived most of his juvenile life with his uncle who brought him up as a Christian. The applicant states that on one occasion his father, who was a staunch Muslim, attended at his uncle's home and sought his repatriation in order for him to be brought up in the Muslim right.

The applicant states that he met a Christian woman in 1998 who he continued to have a relationship with and ultimately have three children, to the annoyance of his father and this brought about problems for the applicant. However, the Tribunal must look at the overall picture in respect of the applicant's claim. The applicant was living with uncle who was a Christian. It is not credible that if his father was such a staunch Muslim as is indicated by the applicant that he would be allowed to live most of his juvenile life with his uncle who was a Christian and who had brought him up in the Christian faith. [That appears to be the first credibility finding.] Furthermore, the applicant stated that in 2003 he formally was baptised. This was the same date as his mother. If this was the case, the applicant states that his mother and father divorced, however it appears that his mother had no difficulties and was allowed to continued [sic] and was not pursued by her husband. [This appears to be the second credibility finding]. One of the sinister elements of the applicant's claim is that the applicant alleges his daughter was stabbed to death by his father. The applicant states that he believes his father was involved however the Tribunal has no proof that his father was involved in the death of his daughter. The claim that his daughter died cannot be substantiated by the Tribunal. Furthermore the applicant indicated he was unable to provide any information to the police to assist them or any proof to assist the police that his father was involved. The applicant went on to state that these cases can be influenced due to corruption and the police would consider it a family matter. However, the applicant never reported this matter to any state authorities or never sought to complain about the treatment of the investigation. Bearing in mind the allegation of murder was so severe in nature it is not credible that the matter could not have been taken up by a higher...