BDR -v- Refugee Appeals Tribunal & anor [2016] IEHC 274 (25 May 2016)

BDR -v- Refugee Appeals Tribunal & anor [2016] IEHC 274 (25 May 2016)

The Tribunal erred in law by holding that the applicant could not have a well-founded fear of persecution in Bhutan solely because he could not return there; this approach is contrary to the Convention, judicial authority, and academic commentary. The Tribunal also failed to properly apply the Thabet test regarding multiple countries of habitual residence and did not adequately consider whether the applicant could obtain protection in India. The decision is quashed for these reasons.

Citation
[2016] IEHC 274
Parties
Applicant: B. D. R.; First Respondent: Refugee Appeals Tribunal; Second Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
25 May 2016
Procedural Posture
Judicial Review / High Court Judgment on Substantive Application
Outcome
Decision of the Refugee Appeals Tribunal quashed; judicial review granted.
Legal Topics
Statelessness, Refugee Status Determination, Well Founded Fear of Persecution, Habitual Residence, Interpretation of Refugee Convention, Judicial Review of Tribunal Decisions
Immigration Law Refugee Law Administrative Law Statelessness Refugee Status Determination Well Founded Fear of Persecution Habitual Residence Interpretation of Refugee Convention +1 more

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Parties

B. D. R.

Applicant

Refugee Appeals Tribunal

First Respondent

Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment on Substantive Application

Legal Issues

  1. 1 Whether the Tribunal erred in law by finding that inability to return to Bhutan negated a well-founded fear of persecution for a Convention reason
  2. 2 Whether the Tribunal failed to consider if the applicant's inability to return to Bhutan constituted persecution for a Convention reason
  3. 3 Whether the Tribunal failed to properly apply the Thabet test regarding multiple countries of habitual residence

Ratio Decidendi

The Tribunal erred in law by holding that the applicant could not have a well-founded fear of persecution in Bhutan solely because he could not return there; this approach is contrary to the Convention, judicial authority, and academic commentary. The Tribunal also failed to properly apply the Thabet test regarding multiple countries of habitual residence and did not adequately consider whether the applicant could obtain protection in India. The decision is quashed for these reasons.

Court Disposition

Decision of the Refugee Appeals Tribunal quashed; judicial review granted.

Orders

  • Order of certiorari quashing the Tribunal's decision
  • Matter remitted for reconsideration in accordance with law