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Conclusion by tribunal on credibility was flawed where supporting documentation had not been considered

By: Mark Tottenham BL

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High Court quashes decision by Refugee Appeals Tribunal to refuse refugee status to a national of Belarus, on the grounds that: (a) the tribunal had failed to consider a number of documents supplied by the applicant; and (b) the process by which the tribunal had concluded that the applicant's testimony lacked credibility was fundamentally flawed where the supporting documentation had not been properly considered.

Judicial review - assessment of credibility of oral testimony - difficulties faced by decision-makers - function of High Court in judicial review where decision maker has made determination on credibility - s. 11B of the Refugee Act 1996 - matters to consider when assessing credibility - account of personal history of applicant - application for asylum - principles applying to treatment of evidence going to credibility - applicant claiming to have suffered persecution in Belarus for political reasons - lack of knowledge of political grouping - process by which conclusion on credibility was reached - failure of tribunal to consider documentation in detail.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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