The applicants, a married couple from the Russian Federation, claimed anti-Semitic past persecution. The Refugee Appeals Tribunal found against both applicants because they lacked credibility and because they had failed to disclose all matters at the outset of their application. The applicants argued that the Tribunal was not entitled to dismiss the entirety of their claim on the basis of an adverse credibility finding regarding one aspect of their evidence, particularly where that aspect did not relate to the substance of the applicants’ claim.
The High Court granted leave, finding, inter alia, that a finding of lack of credibility has to be based on a rational analysis that explains why in the view of the deciding officer the truth has not been told. The High Court subsequently quashed the Tribunal’s decision stating that the Tribunal had rejected the applicant’s explanation for not having raised matters at the earlier stage without giving any reason for that rejection.
