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Tribunal’s adverse credibility findings were irrational and perverse

By: James Cross BL

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High Court grants judicial review of the decisions of the International Protection Appeals Tribunal refusing Georgian national - who delayed for nearly seven years before applying to regularise her situation in this State - international protection and leave to remain, on the grounds that the tribunal’s adverse credibility were irrational, unreasonable and perverse and departed from the correct reasoning process.

Asylum and immigration – judicial review – challenge to the decision of the International Protection Appeals Tribunal refusing Georgian national refugee status - worked as a journalist - attracted the adverse attention of the Georgian authorities - been badly beaten by government agents - left her home country and travelled to Italy where she purchased a false Lithuanian passport – came to Ireland - remained in the State without seeking to regularise her status for a period of nearly seven years – applied for asylum – mix up in correspondence – did not attend for interview – application deemed abandoned – applied to re-enter the asylum process - new application form was required under s. 22 of the International Protection Act 2015 – application granted - attended for interview – application for international protection and leave to remain refused - no credit whatsoever is given to the applicant for having freely and voluntarily come forward – appeal refused - procedural history – grounds of challenge – adverse credibility findings in relation to the newspaper where she worked are irrational and unreasonable - identity card – irrational test applied to assessing weight of identity card – card not easily falsifiable - adverse credibility findings are irrational and perverse, the rejection of the identity card cannot stand either – tribunal departed from correct reasoning process for its
adverse finding arising out of the applicant’s delay in claiming asylum - tribunal member failed to address evidence that the applicant was a journalist for two other newspapers –

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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