N.O. -v- Refugee Appeals Tribunal & anor [2014] IEHC 509 (02 October 2014)

N.O. -v- Refugee Appeals Tribunal & anor [2014] IEHC 509 (02 October 2014)

The Tribunal's adverse credibility findings under s. 11B(b) and (c) were irrational, speculative, and unsupported by reasons, and must be struck down; however, the Tribunal's finding that State protection was available to the applicant was open to it based on the evidence, and the presumption of State protection was not rebutted.

Citation
[2014] IEHC 509
Parties
Applicant: N. O.; First Respondent: Refugee Appeals Tribunal; Second Respondent: Minister for Justice and Law Reform
Jurisdiction
Ireland
Judgment Date
02 October 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for certiorari refused; findings on credibility struck down; finding on State protection upheld.
Legal Topics
Refugee Status Determination, State Protection, Credibility Assessment, Judicial Review, Country of Origin Information
Immigration Law Administrative Law Human Rights Refugee Status Determination State Protection Credibility Assessment Judicial Review Country of Origin Information

Case Brief

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Parties

N. O.

Applicant

Refugee Appeals Tribunal

First Respondent

Minister for Justice and Law Reform

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal erred in its credibility findings under s. 11B(b) and s. 11B(c) of the Refugee Act 1996
  2. 2 Whether the Tribunal failed to properly assess documentary evidence and country of origin information
  3. 3 Whether the Tribunal correctly found that State protection was available to the applicant

Ratio Decidendi

The Tribunal's adverse credibility findings under s. 11B(b) and (c) were irrational, speculative, and unsupported by reasons, and must be struck down; however, the Tribunal's finding that State protection was available to the applicant was open to it based on the evidence, and the presumption of State protection was not rebutted.

Court Disposition

Application for certiorari refused; findings on credibility struck down; finding on State protection upheld.

Orders

  • Extension of time for institution of proceedings granted up to 8th December, 2010.
  • Adverse credibility findings of the Refugee Appeals Tribunal struck down.