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21/01/2021
IE: The High Court confirmed a negative decision on lack of credibility with regard to sexual orientation for an applicant from Zimbabwe

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Ireland, High Court, L.P. (Zimbabwe) v The International Protection appeals Tribunal and others, [2021] IEHC 35, 21 January 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1756
Case history
Other information
Abstract

The applicant applied for international protection in Ireland based on fear of persecution in case of return due to his sexual orientation. The application was rejected due to inconsistencies and lack of credibility on the claim that he is a homosexual. He contested the decision and a leave to apply by way of Judicial Review seeking an Order of certiorari was granted by the High Court on 16 December 2019.


The High Court rejected the relief sought and found that:


  • the medical report submitted by the applicant which concludes to a diagnosis of complex PTSD, and symptoms of anxiety and major depression, corroborated with the interview did not prove that the applicant had difficulties with memory and can not give account of events, on the contrary he gave different accounts at different times;
  • on the risk if returned to the country of origin and previous involvement in activities such as attending and being photographed at Pride, the High Court reiterated that the applicant did not raise these assertions before the determining authority and he can not to litigate issues which were not argued before the decision maker whose decision is under review.
  • On the benefit of the doubt, the High Court mentioned that it can not be allowed since the applicant’s general credibility was rejected.
  • On the country of origin information, the High Court held that the applicant did not sufficiently asserted the allegation of future risk of persecution.
Country of Decision
Ireland
Court Name
IE: High Court
Case Number
[2021] IEHC 35
Date of Decision
21/01/2021
Country of Origin
Zimbabwe
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Credibility
Gender identity / Gender expression / Sexual Orientation / SOGIESC