The High Court has refused J.O. leave to seek judicial review of a Refugee Appeals Tribunal decision that rejected her application for refugee status. Mr Justice Mac Eochaidh delivered judgment on 16 April 2015.
The Tribunal had refused a recommendation of refugee status in July 2010, finding J.O.’s account lacked credibility and that she could relocate within Nigeria. The court considered the case as a “telescoped” application for leave to seek judicial review; it did not grant leave or quash the Tribunal’s decision.
J.O., a Nigerian citizen born in Edo State in 1985, said she feared her father, who she alleged had tried to force her to marry his business partner. She said she left for Lagos and intended to find work and somewhere to live. According to her account, a woman she met there was involved in prostitution, and a man she knew as Alhaji arranged her passage to Ireland without telling her the destination. J.O. said she had believed she was being taken to another part of Nigeria.
Her counsel argued that the Tribunal’s credibility assessment was inadequate, that it failed to address her submissions and country information properly, and that it did not sufficiently assess the safety and reasonableness of relocation. The respondents maintained that the credibility finding was central and the Tribunal’s analysis was reasoned.
The judge agreed with the respondents. He found the Tribunal’s concerns about J.O.’s account of being taken abroad by a stranger, without knowing the destination, were clear and adequately reasoned. He noted that the Tribunal had not rejected her account of fearing harm connected with her father and a forced marriage.
The court also rejected the argument that the Tribunal had failed to consider relevant material. It had referred to the country information submitted, including a UK Home Office report. The judge said the Tribunal was not required to set out every item of information, and could prefer one side of general country information where its decision was rational and reasoned.
On relocation, the judge found that the Tribunal had considered Lagos or Abuja, J.O.’s personal circumstances and conditions in the proposed areas. The Tribunal had relied on country information about assistance and protection for women escaping forced marriages and other domestic issues, as well as her stay in Lagos and intention to seek work there. The judge concluded the Tribunal applied the correct test and reached a reasonable decision on the available information.
Finding that substantial grounds had not been made out, the High Court refused leave to seek judicial review.