B. (F.) v. Refugee Applications Commissioner & Ors [2002] IEHC 136 (25 April 2002)

B. (F.) v. Refugee Applications Commissioner & Ors [2002] IEHC 136 (25 April 2002)

Leave to apply for judicial review is granted on the specific grounds that there are arguable issues regarding compliance with Regulation 10(a) and (e) of the Refugee Act 1996 (Appeals) Regulations 2000, relating to informing the applicant of the order of proceedings and allowing for questioning of the Commissioner.

Citation
[2002] IEHC 136
Parties
Applicant: F. B. (otherwise B. F.); Respondent: Refugee Applications Commissioner; Respondent: Chairperson of Refugee Appeals Tribunal; Respondent: Minister for Justice Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
25 April 2002
Procedural Posture
Judicial Review / Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review granted on limited grounds
Legal Topics
Refugee Status Determination, Procedural Fairness, Judicial Review, Appeals Process
Immigration Law Administrative Law Refugee Status Determination Procedural Fairness Judicial Review Appeals Process

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

F. B. (otherwise B. F.)

Applicant

Refugee Applications Commissioner

Respondent

Chairperson of Refugee Appeals Tribunal

Respondent

Minister for Justice Equality and Law Reform

Respondent

Procedural Posture

Judicial Review / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal complied with procedural requirements under the Refugee Act 1996 (Appeals) Regulations 2000, specifically Regulation 10(a) and (e)
  2. 2 Whether the applicant was adequately informed of the order of proceedings
  3. 3 Whether the applicant was allowed to question the Commissioner or witnesses

Ratio Decidendi

Leave to apply for judicial review is granted on the specific grounds that there are arguable issues regarding compliance with Regulation 10(a) and (e) of the Refugee Act 1996 (Appeals) Regulations 2000, relating to informing the applicant of the order of proceedings and allowing for questioning of the Commissioner.

Court Disposition

Leave to apply for judicial review granted on limited grounds

Orders

  • Leave granted to seek reliefs 1, 2, and 4 on grounds B and D as set out in the statement grounding the application for judicial review, specifically directed to Regulation 10(a) and (e) of the Refugee Act 1996 (Appeals) Regulations 2000.