A. (P. P.) v. Refugee Appeals Tribunal & Ors [2005] IEHC 237 (7 July 2005)

A. (P. P.) v. Refugee Appeals Tribunal & Ors [2005] IEHC 237 (7 July 2005)

Refusal by the Tribunal to provide applicants with relevant previous decisions constitutes a breach of fair procedures and natural and constitutional justice under Article 40.3 of the Constitution, and, for post-15 September 2003 cases, is also an unlawful exercise of the statutory discretion under the 2003 Act. The Chairman has a positive obligation to publish decisions of legal importance, subject to confidentiality.

Citation
[2005] IEHC 237
Parties
Applicant: P. P. A.; Respondents: Refugee Appeals Tribunal (Tribunal Member, Aidan Eames), Chairman of the Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform; Applicant: M. N. F.; Respondents: The Refugee Appeals Tribunal Ireland and the Attorney General; Notice Party: Human Rights Commission; Applicants: M. A. O., B. A. O. (a minor), O. A. O. (a minor), O. A. O. (a minor), E. A. O. (a minor)
Jurisdiction
Ireland
Judgment Date
07 July 2005
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application for judicial review granted on confined grounds.
Legal Topics
Fair Procedures, Natural Justice, Refugee Law, Publication of Tribunal Decisions, Confidentiality, Statutory Interpretation
Constitutional Law Administrative Law Immigration Law Fair Procedures Natural Justice Refugee Law Publication of Tribunal Decisions Confidentiality +1 more

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 4 Authorities cited 30 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

P. P. A.

Applicant

Refugee Appeals Tribunal (Tribunal Member, Aidan Eames), Chairman of the Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform

Respondents

M. N. F.

Applicant

The Refugee Appeals Tribunal Ireland and the Attorney General

Respondents

Human Rights Commission

Notice Party

M. A. O., B. A. O. (a minor), O. A. O. (a minor), O. A. O. (a minor), E. A. O. (a minor)

Applicants

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether applicants for asylum are entitled to access previous determinations of the Refugee Appeals Tribunal relevant to their cases
  2. 2 Whether refusal to provide such access breaches fair procedures and natural/constitutional justice
  3. 3 Whether the Chairman of the Tribunal has a discretion or obligation to publish decisions of legal importance

Ratio Decidendi

Refusal by the Tribunal to provide applicants with relevant previous decisions constitutes a breach of fair procedures and natural and constitutional justice under Article 40.3 of the Constitution, and, for post-15 September 2003 cases, is also an unlawful exercise of the statutory discretion under the 2003 Act. The Chairman has a positive obligation to publish decisions of legal importance, subject to confidentiality.

Court Disposition

Application for judicial review granted on confined grounds.

Orders

  • Declaration that refusal to provide relevant tribunal decisions to the first applicant is in breach of fair procedures and natural and constitutional justice under Article 40.3 of the Constitution.
  • Declaration that refusal to provide relevant tribunal decisions to the second and third applicants is an unlawful exercise of statutory discretion under the 2003 Act and in breach of fair procedures and natural and constitutional justice under Article 40.3 of the Constitution.