A.M.A.A. v Minister for Justice
| Jurisdiction | Ireland |
| Judge | Mr. Justice Barr |
| Judgment Date | 01 October 2014 |
| Neutral Citation | [2014] IEHC 505 |
| Court | High Court |
| Date | 01 October 2014 |
[2014] IEHC 505
THE HIGH COURT
BETWEEN
AND
Immigration and Asylum – Refugee Status – Torture – Credibility
Facts: The Refugee Appeals Tribunal in this case denied the applicant refugee status. The applicant stated that he was arrested and detained by the army in Darfur for helping to move people move out of areas in the region that were under attack. The applicant claimed he had been subjected to torture while in prison. The applicant was subsequently transferred to another prison with other prisons but the vehicle transporting them was attacked and the applicant was released. The applicant submitted that it was not safe for him to remain in Sudan and he travelled to Ireland. The SPIRASI Report produced for the applicant concluded that he had provided a consistent history of his detention and ill treatment in his hometown. The applicant also submitted a letter from a group known as Darfur Solidarity Ireland. The Refugee Appeals Tribunal held that the applicant had failed to satisfy the veracity of his claim because his account lacked credibility. The applicant was subsequently granted leave to seek a judicial review of the RAT”s decision on a single ground of for failing to have proper regard to the SPIRASI Report and the letter from Darfur Solidarity Ireland.
Held by Barr J: The court was satisfied that the Tribunal had not considered the content of the SPIRASI Report properly when determining the applicant”s credibility. The court held that the report was a significant piece of evidence supporting the applicant”s account of being tortured in his home country. The Tribunal member had erred in law by failing to consider the report adequately and failing to provide reasons for discounting the probative value of the report. The court also found that there was no reference to the letter from Darfur Solidarity Ireland in the Tribunal”s decision to show they had considered the applicant”s credibility in light of this either. For these reasons the court quashed the Refugee Appeals Tribunal”s decision and directed that the matter be referred back to Tribunal to be heard by a different Tribunal member.
JUDGMENT of Mr. Justice Barr delivered the 1st day of October, 2014
1. The applicant in this case claims that he was originally from the Darfur region in Sudan. He stated that he was a farmer and lived with his parents and four brothers until 2003, when members of the militia known as the Janjaweed attacked his village. The village was completely destroyed and the applicant's father died in the course of this attack.
2. The applicant claims that his two older brothers subsequently joined a group known as the Public Army for the Liberation of Darfur which was an armed group set up to take action against the government and their militia, the Janjaweed. After the attack on their village, the applicant went with his mother and two younger brothers to a village called Bran. He got work working in a grain depot. However, Bran was attacked by the Janjaweed on 13 th March, 2004. The family then moved to Ajaja. That village was also attacked by the Janjaweed and his mother was killed in this attack which occurred on 24 th March, 2004. The applicant then took his younger brothers to Nyala to stay with his aunt. After about a month, the applicant moved to Tais, another area of Darfur. The applicant did not have a job; however he used to help people when their area was attacked. He with other people in this group would move people in, particular the elderly and young people. He would also warn them of imminent attacks. The applicant states that he was arrested by members of the army on 22 nd December, 2006. He was detained in Buram Prison for six or seven months. During this time, he was kept in a communal cell measuring about 6×4m with 14 other people, one of whom was a friend of his. The cell had no furniture or mattresses, no light (it was mostly dark) with the exception of a small opening high on the wall and a hole in the comer as a toilet. The applicant states that the prisoners were given food and water once a day only. There were no washing facilities in the prison.
3. The applicant states that the guards took him out for questioning on many occasions during his detention. This would happen without any particular pattern and often during the night. He states that during these sessions his hands were tied behind his back with ropes and he was blindfolded. He reports that the guards asked him questions about members of the Public Army and when he did not give them a satisfactory answer (as he denies having been a member of this armed group), they beat him and kicked him on the floor, using rubber hoses and burning him with something that he thinks was a branding iron, but he was unsure as he was blindfolded.
4. The applicant reports that these beatings left widespread swelling and bruising all over his body which took 10 - 15 days to resolve on each occasion. He reports that on one occasion he was beaten unconscious and that a deep laceration on his skull would not stop bleeding so he was taken to the prison surgery for suturing. He reports that on other occasions he was denied treatment for his injuries when he asked for it.
5. Some seven months after his arrest, the applicant together with other prisoners, was put in a vehicle and they were moved to another prison. The vehicle was attacked by members of the SLM and the applicant was released. He was asked if he wished to join the movement, but he was weak and ill and apologised that he was unable to do so. He then went to Nyala and was informed by his aunt's husband that everyone there knew about the attack on the vehicle and that it was not safe for him to remain in Sudan. He spent two days in the house and then an agent came and he was put in an animal truck which took him to Port Sudan. He was put on a ship and told not to talk or ask any questions and that he would be taken to a safe place. The applicant states that the journey took several weeks and that he was unaware that he was coming to Ireland. He arrived in Ireland on 25 th September, 2007.
6. On 15 th April, 2008, the applicant was assessed by Dr. Sabrina Vassia of the Centre for Care of Survivors of Torture. In the course of her report, she noted the physical examination of the applicant revealed the following abnormalities
· "· There are two separate linear scars of 5cm each on his scalp, one longitude and one transverse; Mr. A. reports that these were caused by sharp objects which he was unable to identify and that one of them was bleeding profusely and needed suturing. Their appearance and location is consistent with the history;
· There are several other fine and linear scars, the largest one measuring 9cm on his upper anterior chest wall (external area), upper abdomen and left forearm. These are consistent with the history of beating and whipping with rubber hoses;
· Both knees have irregular scaring over the bony parts, which is consistent with the history of violent beating with blunt objects;
· Other scars on the pretibial area of both legs are non-specific and Mr. A. states that they are from accidental injuries;
· Several oval-shaped scars, the largest one about 2cm long, in different body parts; one on his right forearm, one of the dorsal aspect of his right hand, one on his upper back and one on the antero-medial aspect of his right arm; the latter is overlying a linear scar and may have been caused by deliberately burning a previous injury. Mr. A. believes these were caused by hot metal but he is not certain as he was blindfolded. The appearance and distribution of the scars are consistent with the history of deliberately inflicted burns.
Mental Health Assessment
· Mr. A. presents symptoms of anxiety, sleep disturbance and of a post traumatic state. During the course of the interview he became visibly upset while recalling details about his family members and appear to have difficulty concentrating at times. Recalling past events was understandably difficult and causing distress. He will need psychotherapy and support in order to come to terms with his traumatic experience.
Conclusion
· Mr. A. gives a consistent history of detention and ill-treatment during a six or seven month period in his home country. The physical and psychological findings are consistent with the history. In my professional opinion his present mental state indicates the need for psychological support."
7. The applicant also submitted a letter dated 11 th January, 2008, from a group known as Darfur Solidarity Ireland. It was in the following terms:-
"To whom it may concern"
Sub: A. M. A.
Please note that Mr. A. is a member of our organisation 'Darfur Solidarity Ireland' and is well known to all of us. He is a native of Darfur, Sudan. He belongs to the Tunjor tribe, one of the ethnic groups, which are now targeted by the current Sudanese Government and its allies, the Janjaweed (Arab militia).
Please do not hesitate to ask for more information.
This letter is issued upon his request.
Yours sincerely
Dr. Abdullahi Osman Eltom
Chairman of Darfur Solidarity - Ireland"
8. In her decision dated 22 nd January, 2009, the Tribunal Member held that the applicant's account lacked credibility due to his lack of knowledge of distances between various villages in the Darfur region. The Tribunal also ruled that...
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