G. (T.) v. Refugee Appeals Tribunal & Ors

EX TEMPORE JUDGMENT OF MR JUSTICE BIRMINGHAM delivered on the 7th of October 2007

The applicant states that he was born in Lome on the 1st of September 1963 and that he is a national of Togo. The applicant arrived in Ireland on the 26th of January 2002 having travelled to Benin and France and then submitted an application for refugee status the following day.

In order to put the issues central to this hearing in context, it is helpful to refer briefly to the basic case made by the applicant in support of his claim for refugee status. He states that in 1993 he joined the Union for Forces of Change, UFC, an opposition party in Togo and thereafter was active in the party attending approximately two meetings a month as well as attending marches.

Mr.�G. indicated that following his release he remained active in the party and indeed upped his level of activity�- becoming a member of the UFC Committee, playing a role in relation to the security of political events as well as providing security for the party leaders.

The hearing of the Refugee Appeals Tribunal took place on the 16th of March�2005 and by letter dated the 23rd of March�2005 enclosing the decision, the applicant was informed of the facts that his appeal had been unsuccessful. On the 22nd of November�2006 leave to seek judicial review was granted by Mr�Justice De Valera. In the context of the present proceedings, it should be noted that the applicant was refused leave on a number of grounds, including grounds related to the treatment of the credibility issue. The grounds on which leave was�in fact granted were as follows: