We recently represented a client in an asylum appeal where the appeal was allowed on Refugee Convention grounds. However, this was not without difficulties. Keep reading to learn more about the case and the importance of a medico legal report.
Limited time to prepare the case
When our client first approached us, there was roughly one month left to submit a bundle. We found out that her previous representative, who was not a proper legal representative, had not prepared anything for our client. They even advised our client that she did not need to prepare anything. This resulted in her case being adjourned twice where the judge clearly stated that he would not adjourn the case anymore unless there were exceptional circumstances. Therefore, we had very limited time to prepare her case.
Our client told us that she was persecuted and trafficked by the loan sharks to whom her husband owed money. However, we found out that not only were there a number of problems with her account such as alarming inconsistencies and gaps in her recollection. She was also unable to provide explanations for most of these problems. This was a huge issue especially since she had no evidence whatsoever to support her case.
The client stated that she felt depressed and had memory loss. As a result, she had difficulties in providing explanations to the problems in her account. Therefore, we suggested for her to do a medico legal report which would allow an expert to assess her mental health.
Expert assessment
Following the expert’s assessment, the expert found that she had post-traumatic disorder (PTSD) and stated that memory processes were significantly affected individuals with PTSD and the client’s vague report of her experience was consistent with the literature on people with complex trauma histories.
The judge accepted that our client suffered from PTSD and her account gained support from her PTSD diagnosis. The judge found that most of the credibility points raised by the respondent did not undermine the client’s credibility and thus her account was credible.
The client also stated that she would be at risk should she return to China. She stated that she was trafficked and threatened by the loan sharks and the police would not offer her protection because they were corrupted. She also mentioned that she tried to escape the loan sharks in China but they were able to locate her. However, she was unable to provide any further information or details regarding the loan sharks and the corrupted officials. Therefore, we suggested her to do a country expert report.
In the country expert report, the expert provides evidence about corrupt officials and loan sharks that supports our client’s account. The judge found the evidence cited in the country expert report to be highly informative and useful which he accepted and thus concluded that internal relocation was not a viable option for our client.
Our thoughts
The judge’s findings show the importance of having a medico legal report and a country expert report. Should our client not have done the reports, the merits of her case and her prospects of getting refugee status will be significantly reduced.
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