H v International Protection Appeals Tribunal & Anor (Approved)

            This is an application for certiorari of a decision of the International Protection Appeals Tribunal ('Tribunal') of 12 January 2023 affirming the recommendation of the International Protection Office ('IPO') that the applicant was not entitled to a refugee declaration or subsidiary protection declaration.� For the reasons set out below, I grant an order of certiorari quashing the decision.

            The Tribunal found no basis for a refugee declaration. In considering the threat the applicant claimed had been made against him, the Tribunal said it must be satisfied as to the credibility of his claim and his general credibility, which required, in particular, a consideration of "the internal consistency of the Appellant's statements throughout his claim" (at para. 44). The Tribunal went on to consider those matters under the following headings:-

(i)             The appellant's initial claim (at paras. 45 to 47 of the decision);

(ii)            The section 35 interview (at paras. 48 to 51 of the decision);

(iii)          The appeal hearing (at paras. 52 to 60 of the decision) and