F.A. (Pakistan) -v- Refugee Appeals Tribunal & anor [2015] IEHC 502 (28 July 2015)

F.A. (Pakistan) -v- Refugee Appeals Tribunal & anor [2015] IEHC 502 (28 July 2015)

The Tribunal's decision was irrational and unreasonable in finding that discrimination did not amount to persecution, failed to provide sufficient reasons regarding demeanour, made unreasonable credibility findings, and did not apply the forward-looking risk test. The decision breached fair procedures and must be quashed.

Citation
[2015] IEHC 502
Parties
Applicant: F. A. (Pakistan); First Respondent: Refugee Appeals Tribunal (constituted of Ben Garvey BL, Tribunal Member); Second Respondent: Minister for Justice Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
28 July 2015
Procedural Posture
Judicial Review / Judgment on Application for Certiorari and Remittal
Outcome
Application granted; decision of the Refugee Appeals Tribunal quashed and remitted for de novo consideration before a different Tribunal member.
Legal Topics
Refugee Status Determination, Religious Persecution, Credibility Assessment, Judicial Review, Fair Procedures, Forward Looking Risk, Blasphemy Laws, Country of Origin Information
Immigration Law Administrative Law Human Rights Law Refugee Status Determination Religious Persecution Credibility Assessment Judicial Review Fair Procedures +3 more

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Parties

F. A. (Pakistan)

Applicant

Refugee Appeals Tribunal (constituted of Ben Garvey BL, Tribunal Member)

First Respondent

Minister for Justice Equality and Law Reform

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari and Remittal

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal erred in law by finding that discrimination does not amount to persecution
  2. 2 Whether the Tribunal failed to apply the forward-looking risk test for persecution
  3. 3 Whether the Tribunal's credibility findings were irrational or unreasonable

Ratio Decidendi

The Tribunal's decision was irrational and unreasonable in finding that discrimination did not amount to persecution, failed to provide sufficient reasons regarding demeanour, made unreasonable credibility findings, and did not apply the forward-looking risk test. The decision breached fair procedures and must be quashed.

Court Disposition

Application granted; decision of the Refugee Appeals Tribunal quashed and remitted for de novo consideration before a different Tribunal member.

Orders

  • Order of certiorari quashing the Tribunal's decision
  • Order remitting the matter for de novo consideration before a different Tribunal member