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Internal relocation finding was unreasonable in refusal of international protection

By: James Cross BL

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High Court grants judicial review of the decision refusing a South African national international protection, on the grounds that the International Protection Appeals Tribunal’s internal relocation findings, and in particular the finding that she could avoid telling the children where she was, was unreasonable, and the internal relocation finding cannot be severed from the decision.

Asylum and immigration – judicial review – substantive proceedings - South African national challenging the decision of the International Protection Appeals Tribunal refusing her application for international protection – claimed that her partner was involved in organising prostitution and that she was herself falsely imprisoned and raped and was threatened that her daughters would be kidnapped and forced into prostitution – application for international protection refused – challenged the lawfulness of the internal relocation findings – incorrectly pleaded – relied on repealed statutory provisions – distinction in the provisions – academic commentary on internal relocation - inadequate consideration of her personal circumstances and particularly in terms of whether it was reasonable to relocate, including the failure to consider the question of whether the children could be relocated - implicit in the decision that the tribunal thought that the current custody arrangements would continue with the children in Cape Town and the mother in Johannesburg maintaining contact at a long distance - tribunal did not go on to ask whether that would be reasonable in the long term - amounts to a failure to correctly apply the reasonableness test - statement that the mother could avoid telling the children where she was does not appear to comply with the requirement that the arrangement be reasonable – alleged irrationality in deciding that she can avail of internal relocation – not severable from the decision – judicial review granted –

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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