A. -v- Refugee Appeals Tribunal & Anor [2009] IEHC 605 (18 December 2009)

A. -v- Refugee Appeals Tribunal & Anor [2009] IEHC 605 (18 December 2009)

The Tribunal failed to put two matters of substance and significance—dependants and blood transfusion—to the applicant before making adverse credibility findings, breaching fair procedures and natural justice.

Source-derived case information.

Citation
[2009] IEHC 605
Parties
Applicant: A. H. A.; Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
18 December 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of the Refugee Appeals Tribunal quashed; matter remitted to another Tribunal for further consideration.
Legal Topics
Asylum, Credibility Assessment, Natural Justice, Fair Procedures
Immigration Law Administrative Law Constitutional Law Asylum Credibility Assessment Natural Justice Fair Procedures

Source-derived case record

Summary, issues, holding and outcome

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Parties

A. H. A.

Applicant

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal erred in law in finding the applicant not to be a refugee under s.2 of the Refugee Act 1996
  2. 2 Whether the Tribunal failed to take into account all relevant considerations and acted contrary to fair procedures and natural justice
  3. 3 Whether the Tribunal took into account irrelevant matters

Ratio Decidendi

The Tribunal failed to put two matters of substance and significance—dependants and blood transfusion—to the applicant before making adverse credibility findings, breaching fair procedures and natural justice.

Court Disposition

Decision of the Refugee Appeals Tribunal quashed; matter remitted to another Tribunal for further consideration.

Orders

  • Order of certiorari granted quashing the Tribunal's decision
  • Matter remitted to a different Tribunal for reconsideration