B.H. -v- Refugee Appeals Tribunal [2014] IEHC 163 (28 March 2014)

B.H. -v- Refugee Appeals Tribunal [2014] IEHC 163 (28 March 2014)

The Tribunal, having accepted the applicant may have been in the army, was required to consider the risk of persecution on the independent grounds of being a deserter, whistleblower, and failed asylum seeker. Its failure to do so rendered the decision flawed and subject to quashing.

Citation
[2014] IEHC 163
Parties
Applicant: B. H.; Respondent: Refugee Appeals Tribunal; Notice Party: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
28 March 2014
Procedural Posture
Judicial Review / Judgment on Application to Quash RAT Decision
Outcome
Decision of the Refugee Appeals Tribunal quashed and remitted for reconsideration by a different Tribunal member.
Legal Topics
Asylum, Refugee Status, Judicial Review, Credibility Assessment, Persecution, Delay in Proceedings
Immigration Law Administrative Law Asylum Refugee Status Judicial Review Credibility Assessment Persecution Delay in Proceedings

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Parties

B. H.

Applicant

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Notice Party

Procedural Posture

Judicial Review / Judgment on Application to Quash RAT Decision

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal erred in failing to consider risk of persecution on grounds independent of the applicant's disbelieved narrative, specifically as a deserter, whistleblower, and failed asylum seeker.
  2. 2 Whether the Tribunal was required to consider independent grounds for persecution even where the applicant's core narrative was rejected.

Ratio Decidendi

The Tribunal, having accepted the applicant may have been in the army, was required to consider the risk of persecution on the independent grounds of being a deserter, whistleblower, and failed asylum seeker. Its failure to do so rendered the decision flawed and subject to quashing.

Court Disposition

Decision of the Refugee Appeals Tribunal quashed and remitted for reconsideration by a different Tribunal member.

Orders

  • Extension of time for bringing proceedings granted.
  • Decision of the Refugee Appeals Tribunal dated 21st March, 2010 quashed.