The applicant, a Nigerian national, claimed that the Refugee Applications Commissioner misunderstood his evidence. The applicant sought leave to apply for judicial review on the ground that the Refugee Applications Commissioner should have explained a decision not to call the officer responsible for the reports.
The Court granted leave to apply for judicial review, holding that a reasoned judgment on why the Refugee Applications Commissioner’s officer was not called should have been given. The Court also stated that there might be cases where it is preferable to allow an interviewer to be cross-examined and that it is within the Tribunal’s discretion to refuse such a request but that it cannot do so without offering a reasoned judgment.
