C.C. -v- Refugee Appeals Tribunal & Ors [2014] IEHC 491 (28 October 2014)

C.C. -v- Refugee Appeals Tribunal & Ors [2014] IEHC 491 (28 October 2014)

The Tribunal failed to make a clear finding on the applicant's claimed homosexual orientation, which is a core element of his asylum claim, and did not properly apply the legal principles governing internal relocation and risk of persecution; substantial grounds exist for judicial review and extension of time is justified.

Citation
[2014] IEHC 491
Parties
Applicant: C. C.; Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Attorney General; Respondent: Ireland
Jurisdiction
Ireland
Judgment Date
28 October 2014
Procedural Posture
Judicial Review / Leave to Apply for Judicial Review and Extension of Time
Outcome
Orders of the Tribunal and Minister quashed; matter remitted for further hearing before a different tribunal member.
Legal Topics
Asylum, Sexual Orientation, Internal Relocation, Credibility Assessment, Extension of Time
Immigration Law Refugee Law Human Rights Law Asylum Sexual Orientation Internal Relocation Credibility Assessment Extension of Time

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 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

C. C.

Applicant

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Attorney General

Respondent

Ireland

Respondent

Procedural Posture

Judicial Review / Leave to Apply for Judicial Review and Extension of Time

Legal Issues

  1. 1 Whether the Tribunal failed to make a clear finding on the applicant's claimed homosexual orientation
  2. 2 Whether the Tribunal applied the correct legal test for internal relocation
  3. 3 Whether the applicant demonstrated good and sufficient reason for extension of time

Ratio Decidendi

The Tribunal failed to make a clear finding on the applicant's claimed homosexual orientation, which is a core element of his asylum claim, and did not properly apply the legal principles governing internal relocation and risk of persecution; substantial grounds exist for judicial review and extension of time is justified.

Court Disposition

Orders of the Tribunal and Minister quashed; matter remitted for further hearing before a different tribunal member.

Orders

  • Grant of leave to apply for judicial review
  • Extension of time granted