M.B. v International Protection Appeals Tribunal & Anor (Approved) [2024] IEHC 12 (12 January 2024)

M.B. v International Protection Appeals Tribunal & Anor (Approved) [2024] IEHC 12 (12 January 2024)

The Tribunal failed to engage with and analyse relevant country of origin information submitted by the applicant that suggested ordinary APC members in Sierra Leone may face risk of persecution or serious harm, and did not justify its preference for other COI. This failure constituted a breach of its obligations and rendered the decision unlawful.

Citation
[2024] IEHC 12
Parties
Applicant: M. B.; First Respondent: International Protection Appeals Tribunal; Second Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
12 January 2024
Procedural Posture
Judicial Review / High Court Judgment on Application for Certiorari
Outcome
Decision of the Tribunal quashed; matter remitted for fresh determination.
Legal Topics
International Protection, Credibility Assessment, Country of Origin Information, Judicial Review, Refugee Status Determination
Immigration Law Refugee Law Administrative Law International Protection Credibility Assessment Country of Origin Information Judicial Review Refugee Status Determination

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Parties

M. B.

Applicant

International Protection Appeals Tribunal

First Respondent

The Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Tribunal erred in its assessment of the applicant's credibility, particularly regarding the Satellite newspaper article
  2. 2 Whether the Tribunal failed to properly consider and engage with country of origin information (COI) relevant to the risk faced by ordinary APC members in Sierra Leone

Ratio Decidendi

The Tribunal failed to engage with and analyse relevant country of origin information submitted by the applicant that suggested ordinary APC members in Sierra Leone may face risk of persecution or serious harm, and did not justify its preference for other COI. This failure constituted a breach of its obligations and rendered the decision unlawful.

Court Disposition

Decision of the Tribunal quashed; matter remitted for fresh determination.

Orders

  • Order of certiorari quashing the Tribunal's decision of 18 January 2023
  • Matter remitted to a new Tribunal for fresh determination