Nyembo -v- The Refugee Appeals Tribunal & anor [2007] IESC 25 (19 June 2007)

Nyembo -v- The Refugee Appeals Tribunal & anor [2007] IESC 25 (19 June 2007)

Where there are disputed facts relevant to the legal issues, it is not appropriate to determine preliminary issues of law. The existence of contested facts precludes the use of preliminary issue procedures under the relevant rules.

Citation
[2007] IESC 25
Parties
Applicant/appellant: Richard Nyembo; First Respondent: The Refugee Appeals Tribunal; Second Respondent: James Nicholson
Jurisdiction
Ireland
Judgment Date
19 June 2007
Procedural Posture
Appeal (judicial Review) / Appeal From High Court Order on Preliminary Issues
Outcome
Appeal allowed
Legal Topics
Bias in Tribunal Proceedings, Preliminary Issues of Law, Judicial Review Procedure
Administrative Law Refugee Law Civil Procedure Bias in Tribunal Proceedings Preliminary Issues of Law Judicial Review Procedure

Case Brief

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Parties

Richard Nyembo

Applicant/appellant

The Refugee Appeals Tribunal

First Respondent

James Nicholson

Second Respondent

Procedural Posture

Appeal (judicial Review) / Appeal From High Court Order on Preliminary Issues

Legal Issues

  1. 1 Whether statistical evidence on the outcome of decisions of a tribunal member is admissible to prove bias
  2. 2 Whether statistics or evidence of outcomes alone can constitute a basis for finding actual or apparent bias
  3. 3 Whether it is appropriate to determine preliminary issues of law where facts are contested

Ratio Decidendi

Where there are disputed facts relevant to the legal issues, it is not appropriate to determine preliminary issues of law. The existence of contested facts precludes the use of preliminary issue procedures under the relevant rules.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the High Court for substantive hearing