NK v International Protection Appeals Tribunal & Anor (Approved) [2021] IEHC 693 (28 October 2021)

NK v International Protection Appeals Tribunal & Anor (Approved) [2021] IEHC 693 (28 October 2021)

The Tribunal's credibility findings were open to it on the evidence and were neither irrational nor unreasonable. The Tribunal was entitled to reject the applicant's explanations regarding his GALZ membership and the sending of the membership card. There was no evidence before the Tribunal to support a claim of fear of persecution based on perceived sexuality, separate from the evidence already rejected. The Tribunal did not err in law or fail in its duty of assessment.

Citation
[2021] IEHC 693
Parties
Applicant: NK; First Respondent: International Protection Appeals Tribunal; Second Respondent: Minister for Justice
Jurisdiction
Ireland
Judgment Date
28 October 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Credibility Assessment, International Protection Appeals, Refugee Status Determination, Persecution Based on Sexual Orientation, Judicial Review of Administrative Decisions
Immigration Law International Protection Administrative Law Credibility Assessment International Protection Appeals Refugee Status Determination Persecution Based on Sexual Orientation Judicial Review of Administrative Decisions

Case Brief

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Parties

NK

Applicant

International Protection Appeals Tribunal

First Respondent

Minister for Justice

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the International Protection Appeals Tribunal erred in its credibility findings regarding the applicant's claim of bisexuality and membership in GALZ
  2. 2 Whether the Tribunal engaged in speculation or failed to discharge its duty in assessing evidence
  3. 3 Whether the Tribunal failed to consider the applicant's claim of fear of persecution based on perceived, rather than actual, sexuality

Ratio Decidendi

The Tribunal's credibility findings were open to it on the evidence and were neither irrational nor unreasonable. The Tribunal was entitled to reject the applicant's explanations regarding his GALZ membership and the sending of the membership card. There was no evidence before the Tribunal to support a claim of fear of persecution based on perceived sexuality, separate from the evidence already rejected. The Tribunal did not err in law or fail in its duty of assessment.

Court Disposition

Application refused

Orders

  • Relief sought refused
  • Order for the Respondents' costs against the Applicant