Individual victorious in court battle against Zimbabwean government's denial of refugee status, citing alleged threat by machete-wielding group.
A self-employed gold miner from Zimbabwe has had his refugee status refusal overturned by the High Court of Ireland, following an appeal and subsequent judicial review proceedings. The man, who fled Zimbabwe in 2022, had his initial application for refugee/international protection status refused by the International Protection Appeals Tribunal (Ipat) in 2023.
The Ipat expressed concerns over inconsistencies in "central aspects" of the man's claim and the introduction of "significant new claims." However, Mr. Justice Garrett Simons, in his ruling, stated that the Ipat failed to properly apply the principles governing the assessment of the man's general credibility.
The man had claimed that a machete gang was looking for him, accusing him of sponsoring the activities of the opposition party, Movement for Democratic Change (MDC). He also stated that he received a telephone call from a man who identified himself as a sergeant in the Zimbabwean police force, asking him to present himself at a police station for questioning. These incidents reinforced his suspicions of, and belief in, a dangerous and harmful link between the gang and the state and police.
The man stated that he did not belong to any political party due to the dangers associated with doing so. He also claimed that the gang has terrorized, killed, and stolen from people throughout Zimbabwe, but nothing has been done to them.
In a phone call on the day he left Zimbabwe, a fellow gold miner told him that the gang were looking for him and wanted 500g of gold he had. After he ran away, the gang threatened his wife and children, who themselves ran away to his in-laws. Their homestead was burned down, he said.
The man brought judicial review proceedings, but due to circumstances beyond his control, the case was outside the time limit for doing so. He had to apply for an extension of time. In granting the extension, Mr. Justice Simons cited the complexity of the case, the need for additional time to gather evidence, and the importance of ensuring fairness for the applicant.
The judge overturned the Ipat's decision and extended the time for the bringing of the case. In his ruling, he said the Ipat's refusal was based on the man's claim lacking "general credibility," due to inconsistencies in his claim for protection. However, the judge found that the Ipat failed to properly address and evaluate these inconsistencies, providing grounds for the man's appeal.
In the U.S., asylum seekers can appeal a denial of their claim to the Board of Immigration Appeals (BIA) within thirty days. If the BIA denies the appeal, it can be further appealed to federal court and, in rare cases, the Supreme Court. Similarly, for those with Temporary Protected Status (TPS), maintaining this status until a reasonable period before filing for asylum can be considered an extraordinary circumstance that stops the clock on the one-year filing deadline for asylum.
This case serves as a reminder of the importance of thorough and fair consideration of asylum claims, particularly in complex and potentially dangerous situations. It also highlights the need for legal avenues to be available for those seeking refugee status, even when circumstances beyond their control may make the process more challenging.
- The politically charged environment in Zimbabwe, as demonstrated by the gold miner's fear of a machete gang and alleged police involvement, could be considered under the category of 'general-news.'
- The gold miner's appeal against the Ipat's decision, prompted by concerns over the tribunal's handling of his case and the potential dangers he faces due to his political circumstances, falls under the category of 'crime-and-justice.'
