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No irrationality in decision refusing subsidiary protection

By: James Cross BL

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High Court refuses judicial review of the decision refusing an Algerian national subsidiary protection on the grounds that the Algerian national failed to establish any irrationality in the decision.

Asylum and immigration – judicial review – Algerian national challenging the decision of the International Protection Appeals Tribunal refusing his application for subsidiary protection – complex asylum history – refused asylum – refused leave to remain – deportation order made – refused application to revoke – applied for subsidiary protection – deportation order revoked – refused subsidiary protection - alleged irrationality in findings made regarding his exposure to serious harm - alleged irrationality in findings made regarding his affiliation with his brother - tribunal had regard to various inconsistencies in his evidence – a tribunal member who sees and hears an applicant is better placed than the court to assess his credibility – tribunal’s assessments were reasonable - alleged irrationality in assessment of country information - no irrationality has been made out – judicial review refused.

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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