The High Court has quashed a Refugee Appeals Tribunal decision refusing to recommend refugee status for an anonymised Albanian applicant, finding that the tribunal’s treatment of documentary evidence and related credibility findings were unfair.
In a judgment delivered on 7 June 2013, Mr Justice Mac Eochaidh said the tribunal had relied on concerns about certificates from Koplik and the Peace Missionaries Union of Albania without putting those concerns to the applicant at his oral hearing. The applicant said he would have explained that Koplik served as a municipal centre for the region, although he had lived in Kiras, in Shkoder, for several years.
The court noted that Koplik was about 19 kilometres from Shkoder and that the places had civic and political links. Those relationships could explain why someone living in Kiras/Shkoder fell under the jurisdiction of Koplik and Malesi e Madhe. The judge said the applicant should have had an opportunity to clear up the confusion.
The tribunal had also questioned whether the applicant personally sought police protection or reconciliation assistance, and had criticised his inability to give the organisation’s precise name. The High Court said the evidence included statements that the family had reported the alleged blood feud to police and sought help from reconciliation groups. The applicant’s account that his father dealt with people who came to the family home did not establish that he was uninvolved. The judge considered it unfair to conclude that he had not sought assistance, and said his imperfect recall of the organisation’s formal title was not a sound basis to reject credibility.
The court said the documentary evidence was central to the tribunal’s reasoning and that the errors were not merely technical. It also found that the tribunal’s assessment of state protection was tainted by the unfair finding that the applicant had not personally sought help. The judgment did not decide whether the applicant qualified for refugee status.
The court formally granted leave, quashed the tribunal decision and remitted the matter for a fresh determination by a different tribunal member. The applicant may make further submissions or amend his notice of appeal, and may submit both the High Court judgment and the quashed decision for the rehearing.