BA -v- Refugee Applications Commissioner [2016] IEHC 672 (21 November 2016)

BA -v- Refugee Applications Commissioner [2016] IEHC 672 (21 November 2016)

Substantial grounds exist for contending that the commissioner's failure to put new adverse information to the applicant before drawing fundamental adverse conclusions breached procedural fairness, justifying leave to apply for judicial review without exhausting appeal remedy.

Citation
[2016] IEHC 672
Parties
Applicant: B. A.; Respondent: Refugee Applications Commissioner
Jurisdiction
Ireland
Judgment Date
21 November 2016
Procedural Posture
Judicial Review / Leave Application
Outcome
Leave granted in part
Legal Topics
Asylum Procedure, Judicial Review, Procedural Fairness
Immigration Law Administrative Law Asylum Procedure Judicial Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

B. A.

Applicant

Refugee Applications Commissioner

Respondent

Procedural Posture

Judicial Review / Leave Application

Legal Issues

  1. 1 Whether failure to put new adverse information to applicant before drawing conclusions breached procedural fairness
  2. 2 Whether applicant can challenge commissioner's decision without exhausting appeal remedy

Ratio Decidendi

Substantial grounds exist for contending that the commissioner's failure to put new adverse information to the applicant before drawing fundamental adverse conclusions breached procedural fairness, justifying leave to apply for judicial review without exhausting appeal remedy.

Court Disposition

Leave granted in part

Orders

  • Leave granted to apply for judicial review for reliefs at para. D of the grounding statement on grounds at para. E (v) and (vi)
  • Leave refused for remaining grounds