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The Home Affairs Minister has been ordered to reconsider his rejection of a Bangladeshi asylum seeker, who claims he was attacked by a gang due to his political beliefs at home.
The ruling, which was handed down by the Royal Court last week, found that there was a procedural failing in the way the man's application was handled, meaning Constable Len Norman will now have to consider the case afresh.
The man - who cannot be named to protect his identity - was arrested in a restaurant for illegally entering the island two years ago, after which he claimed asylum on the basis that he could face violence or persecution for being a political opponent to the ruling party in his native country.
Pictured: Constable Len Norman's decision has been overturned by the Royal Court.
He explained that, in his home country, some members of his political party were shot and killed for their beliefs, and said that he was attacked by around five members of the opposition.
He also claimed that he was charged by Police and only released as a result of a bribe paid by his father, leading him to flee Bangladesh for fear of arrest and further prosecution.
However, the Minister’s rejection of the man’s asylum claim challenged his story – asserting that there were “inconsistencies” within his evidence and documentation.
For example, the Minister pointed to the fact that on the document purporting to be a warrant for his arrest after he participated in a political demonstration back in Bangladesh, he gave his age as 29 when he would have been 17 at the time. This document was offered in support of the man's contention that he is in fear of being returned to his native country due to threats of arrest, violence and prosecution for his political beliefs.
Pictured: The Minister raised concerns over "inconsistencies" in the asylum-seeker's story and documentation.
"If the warrant is genuine, it is unlikely to be referring to the Applicant," the Minister's legal team argued.
Now, this rejection has been quashed by the Court over concerns that the Minister did not follow due process in reaching his decision.
It comes after a successful application for the Court to look into the matter on behalf of the asylum seeker. In making the application, the asylum seeker – represented by Advocate Richard Holden – raised several concerns about the way the Minister had given his reasons for rejecting the claim for asylum in Jersey.
These included the fact that the Minister rejected the claim days before he submitted his formal reasons for doing so and the fact that his reasons were insufficient in addressing the key parts of the claim and the legal test that needed to be applied.
At the heart of the reason for getting the Court to review the decision-making process was the possibility that Constable Norman had decided to reject the claim and then found reasons to justify this decision on a later occasion.
Pictured: The Court reviewed the decision-making process taken by the Minister.
In response, the Minister – represented by Legal Adviser Advocate Steven Meiklejohn – refuted these challenges, stating: “It is not the case that providing more comprehensive written reasoning amounted to a retrospective rationalisation of the decision. There is no evidence to suggest the Minister was not clear when making his decision what his reasons were.”
In a written decision, the Court explains: “In our judgment, whilst the Decision Letter goes some way to explaining the basis of some material findings made by the Minister, it does not adequately set out in full the Minister’s findings on all material allegations and reasoning…
“Given the importance of this decision, we do not think the reasons are adequate and the Applicant would not be left sufficiently clear as to the full basis of the rejection by the Minister of his asylum application…
“We do not suggest in any way that the decision was wrong or that the same decision, with sufficient reasons, may not be made again. That is to be considered afresh.”
Restaurant arrest for illegal immigrant
Long wait for asylum application
Bangladeshi man fights his case
Minister challenges asylum seeker's story
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