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Tribunal failed to provide adequate reasons for rejecting credibility of international protection applicants

By: James Cross BL

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High Court grants judicial review of the decisions refusing Albanian nationals international protection, on the grounds that the International Protection Appeals Tribunal breached their right to fair procedures by failing to provide any adequate reasons for rejecting their credibility.

Asylum and immigration – judicial review – Albanian brothers challenging the decision refusing him international protection – argued that if returned to Albania he would be subjected to persecution and/or serious harm arising from a land dispute involving his family - ancillary basis of his Roma ethnicity – adverse credibility findings – failure to give reasons – International Protection Appeals Tribunal did not provide reasons for rejecting the copy of the document used in support of his claim - just because evidence is self-serving is not of itself a basis for rejecting that evidence – tribunal does not point to any false information in the Declaration but to an unexplained sense that what is stated in the Declaration is something that is unlikely to be stated by a local government official – gave the Albanian national no opportunity to prove the geniuses of the declaration – breach of fair procedures - no indication why the tribunal found the account of the attack to be so vague as to require further details or even some indication as to what further details it might have expected to be forthcoming - no logical nexus between any lack of legal title or personal involvement in a land dispute that is claimed to pertain between two families and the credibility of an account of a particular attack upon a member of one of the families concerned - unreasoned rejection of credibility – good and sufficient reason to extend time – 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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