I.S. -v- Refugee Appeals Tribunal & Ors [2015] IEHC 859 (12 November 2015)

I.S. -v- Refugee Appeals Tribunal & Ors [2015] IEHC 859 (12 November 2015)

The Tribunal erred in law by failing to provide reasons for discounting material documentary evidence, did not properly analyse or resolve conflicting country of origin information regarding risk and internal relocation, and failed to conduct a fair and balanced assessment of the applicant's protection needs as required by law and natural justice.

Citation
[2015] IEHC 859
Parties
Applicant: I. S.; First Respondent: Refugee Appeals Tribunal (acting as Paul Christopher); Respondents: The Minister for Justice and Law Reform, Ireland and Attorney General
Jurisdiction
Ireland
Judgment Date
12 November 2015
Procedural Posture
Judicial Review / High Court Judgment on Application for Judicial Review of Refugee Appeals Tribunal Decision
Outcome
Application for judicial review granted; Tribunal's decision quashed.
Legal Topics
Asylum, Refugee Status, Internal Relocation, Country of Origin Information, Natural Justice, Procedural Fairness
Immigration Law Administrative Law Human Rights Law Asylum Refugee Status Internal Relocation Country of Origin Information Natural Justice +1 more

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Parties

I. S.

Applicant

Refugee Appeals Tribunal (acting as Paul Christopher)

First Respondent

The Minister for Justice and Law Reform, Ireland and Attorney General

Respondents

Procedural Posture

Judicial Review / High Court Judgment on Application for Judicial Review of Refugee Appeals Tribunal Decision

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal erred in law and breached natural and constitutional justice in its assessment of the applicant's asylum claim, particularly regarding the treatment of documentary evidence and country of origin information, and the finding on internal relocation.

Ratio Decidendi

The Tribunal erred in law by failing to provide reasons for discounting material documentary evidence, did not properly analyse or resolve conflicting country of origin information regarding risk and internal relocation, and failed to conduct a fair and balanced assessment of the applicant's protection needs as required by law and natural justice.

Court Disposition

Application for judicial review granted; Tribunal's decision quashed.

Orders

  • Certiorari granted quashing the decision of the Refugee Appeals Tribunal.
  • Matter remitted for reconsideration in accordance with law.