A.M.G. (Pakistan) v Refugee Applications Commissioner and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice Barr
• Judgment Date: 25 July 2014
• Neutral Citation: [2014] IEHC 379
• Court: High Court
• Date: 25 July 2014

[2014] IEHC 379

THE HIGH COURT

[No. 1329 J.R./2009]

G (AM) [Pakistan] v Refugee Applications Cmsr & Ors

JUDICIAL REVIEW

IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 5 OF THE ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000

BETWEEN

A.M.G. (PAKISTAN)

APPLICANT

AND

REFUGEE APPLICATIONS COMMISSIONER, REFUGEE APPEALS TRIBUNAL, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, IRELAND AND ATTORNEY GENERAL

RESPONDENTS

REFUGEE ACT 1996 S13

REFUGEE ACT 1996 S2

B (K) v MIN FOR JUSTICE & REFUGEE APPEALS TRIBUNAL UNREP MACEOCHAIDH 12.4.2013 2013/5/1203 2013 IEHC 169

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

BARUA v MIN FOR JUSTICE UNREP MACEOCHAIDH 9.11.2012 2012/4/884 2012 IEHC 456

A (DD) [NIGERIA] v MIN FOR JUSTICE & REFUGEE APPEALS TRIBUNAL UNREP COOKE 18.7.2012 2013/1/54 2012 IEHC 308

M (WM) v REFUGEE APPEALS TRIBUNAL & MIN FOR JUSTICE UNREP COOKE 11.11.2009 2009/37/9251 2009 IEHC 492

O (P) [NIGERIA] v MIN FOR JUSTICE & REFUGEE APPEALS TRIBUNAL (TWOMEY) UNREP RYAN 22.10.2010 2011/43/12383 2010 IEHC 513

Application for judicial review - Asylum - s.2 Refugee Act 1996 - Well-founded fear of persecution on return - Credibility findings - Police reports - Inconsistency in tribunal”s findings - State protection - Country of origin information - Internal relocation

Facts The applicant is a 45 year old man from Pakistan. In June 2004, his friend, A.M., who is a member of the Taliban, invited him to join the organisation. The applicant said that he refused to join the group. He said that after this refusal, he received threatening telephone calls and letters from the Taliban on multiple occasions. In May, 2005 the applicant was kidnapped by a group of men and was only released when his father paid a ransom to his kidnappers. The applicant later fled to various parts of the country. On 14th March, 2006 he travelled to Ireland on a visitor's visa. The visa expired on 9th April, 2006, however, the applicant stayed on in Ireland. In 2007, his father-in-law received another threatening phone call from the Taliban. His wife was told to divorce the applicant or she would be killed. On 20th March, 2009 the applicant was stopped by the Irish immigration authorities. Subsequently, he applied for asylum. In the s.13 report the Refugee Applications Commissioner came to the conclusion that the applicant had not established a well-founded fear of persecution as required by s. 2 of the Refugee Act 1996. The applicant appealed this finding but it was later affirmed. Consequently, an order of certiorari quashing the decision of the second named respondent and an order of mandamus directing the respondents to readmit the applicant to the asylum process were sought.

Held The Refugee Appeals Tribunal (RAT) held that the applicant lacked credibility in relation to his accounts of the kidnapping and extortion demands allegedly made of him by the Taliban. It was argued that if it had been their intention to kill the applicant due to his refusal to join them, it was not credible that the Taliban would kidnap, threaten and monitor the applicant for such an extended period of time. The applicant maintained that in order to reach such a conclusion, the RAT had to ignore the information which had been submitted in the form of police reports. However, the RAT considered the police reports when looking at the question of the adequacy of state protection. The findings of the Tribunal on the applicant's credibility were therefore inconsistent with the acceptance by the Tribunal of the genuineness of the three police reports. As the police reports were relied upon by the Tribunal when examining the issue of state protection, the judge concluded that the Tribunal's finding on the credibility of the applicant's story could not stand and the decision was therefore to be quashed. The findings of the Tribunal in relation to state protection were founded on evidence and were therefore found to be valid.

In relation to internal relocation, the findings were founded on evidence before the Tribunal. There was no irrationality on the part of the Tribunal in finding that the applicant could avail of internal relocation within Pakistan so as to avoid persecution.

-The findings on state protection and internal relocation were ordered to be severed from the findings on credibility

-Application for judicial review dismissed

1 JUDGMENT of Mr. Justice Barr delivered the 25th day of July, 2014

Background

2 1. The applicant is a married man and is 45 years of age, having been born on 8 ^th April, 1968. He is a well educated man, having received a BA Degree from the Punjabi University of Lahore. In June 2004, his friend, A.M., who is a member of the Taliban, invited the applicant to join that organisation. The applicant says that he refused to join the group. He says that after this refusal, he received threatening telephone calls and letters from the Taliban.

3 2. The applicant states that he made a report to the police concerning an incident on 14 ^th November, 2004, in the following terms:-

"It is stated that I A.M., son of M.A. belonging to J.G. caste and am a permanent resident of [address redacted]. I was asleep at home at about ten last night when I suddenly received a phone call. Somebody demanded money from me and I have been threatened with abduction in case money is not given to them. Before that, I have also received two letters that were written by the same people. It was written in them that I should give money or else I would be killed. After sending letters, they have now started making threatening phone calls. They have not told me their name and address yet, nor had they decided a place. I and my parents are extremely worried due to this reason. Therefore, it is requested that a case be registered against unknown people and the strictest punishment to be given to them after arresting them through the phone number."

4 Signature of applicant

5 Police proceedings: in the light of the information written above, a case is hereby registered against unknown people and sub inspector Muhammad Aslam has been appointed for investigation. A copy of the case is being dispatched to the office of the district police officer, Sialkot."

6 3. The applicant states that he continued to receive threatening phone calls and letters from the Taliban until January or February 2005. On 27 ^th April, 2005, he reported another incident to the police in the following terms:-

"It is stated that I, A.M. son of M.A., belonging to J.G. caste and am a permanent resident of [address redacted]. I left home today i.e. on 27- 4-2005 to go to Sambrial City. I had covered a distance of only lkm when two masked men, who were armed, suddenly appeared in front of me, stopped me and said to me why don't you listen to us? Do you want to live or die? If you want to stay alive, come to the same place the day after tomorrow at the same time with 600,000 rupees. None of your family will be left alive if you report this to the police'. They snatched my mobile phone and 8,000 rupees from me as they left. Therefore, it is requested that these masked men be traced and legal action be taken."

7 Signature of applicant

8 In the light of this statement registered above, a case is hereby registered and an investigation team and a patrolling team have been sent to [address redacted] moreover a wireless message has been left for intelligence and necessary action. A copy of the case has been forwarded to the district police officer."0

9 4. The applicant states that on 2 ^nd May, 2005, he was kidnapped by a number of His father reported the matter to the police:-

"It is stated that I, A.M. son of C.M.K.., belonging to J.G. caste and am a resident of [address redacted]. A little while ago I was at home when I received information that three unknown armed men had kidnapped my son, A.M. who works in a factory near [address redacted] while he was going to his duty and had taken him to some unknown place in their car. Before that, the accused had also threatened my son with abduction and murder through letters, by telephone and by personally stopping him on the way. They have also been demanding money from him against which a report has already been registered at the police station. My son has been kidnapped because the police have been careless and negligent in patrolling the area. It is requested that he be recovered immediately and the kidnappers be arrested and severely punished."

10 Signed

11 A case is hereby registered against receipt of the said information and patrolling teams have sent a car off the road. The centre and office of the district police officer and the mobile police have been informed of the incident on the wireless."

12 5. The applicant was released on 10 ^th May, 2005, after a ransom had been paid by his father. In August 2005, the applicant's father received a threatening telephone call in relation to the applicant. The applicant was also informed by friends that "suspicious people" were watching his home at night. The appellant fled to his father-in-law's house. He remained there until they too started to receive threatening phone calls. The applicant went first to Toba Tek Singh and he remained there for two to three weeks before going to Lahore. The applicant remained in Lahore for about two weeks and then travelled to Rawalpindi for a few days. He then returned to Daska via Lahore. By this time, the applicant's in-laws had arranged for the applicant to leave Pakistan.

13 6. On 14 ^th March, 2006, the applicant travelled to Ireland on a visitor's Visa. The Visa expired on 9 ^th April, 2006. The applicant stayed on in Ireland.

14 7. The applicant states that in 2007, his father-in-law received another threatening phone call from...