The applicant was in the State for one month before applying for asylum. The Commissioner rejected his claim and applied Section 13(6)(c) of the Refugee Act 1996, i.e. she found that the applicant failed without reasonable cause to make an application as soon as reasonably practicable after arrival in the State. As a consequence the applicant did not have an oral hearing.
On appeal, the Tribunal found that the applicant could have relocated internally. The applicant sought to quash the Tribunal’s decision on the basis that it had acted ultra vires in dealing with the matter without an oral hearing and in applying the doctrine of internal relocation without first considering whether the applicant had a well-founded fear of persecution.
In refusing the relief sought the Court held that the Tribunal’s jurisdiction was confined by Section 16(2) Refugee Act 1996 and that the Tribunal’s holistic approach to internal relocation was appropriate.
