BW -v- Refugee Appeals Tribunal & Ors [2017] IECA 296 (15 November 2017)

BW -v- Refugee Appeals Tribunal & Ors [2017] IECA 296 (15 November 2017)

The Tribunal's cumulative adverse credibility finding was tainted by reliance on material findings that were procedurally unfair and irrational, including concerns not previously put to the applicant and erroneous conclusions about objective country of origin information. Fair procedures required the applicant be given an opportunity to address such concerns before they were relied upon. The cumulative nature of the Tribunal's decision meant that the overall finding could not be sustained once these flawed elements were removed.

Citation
[2017] IECA 296
Parties
Applicant/appellant: BW (Nigeria); Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Attorney General; Respondent: Ireland
Jurisdiction
Ireland
Judgment Date
15 November 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Tribunal's decision quashed
Legal Topics
Asylum Procedure, Fair Procedures, Credibility Assessment, Judicial Review, Effective Remedy
Administrative Law Immigration Law Constitutional Law Asylum Procedure Fair Procedures Credibility Assessment Judicial Review Effective Remedy

Case Brief

Summary, issues, holding and outcome

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Parties

BW (Nigeria)

Applicant/appellant

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Attorney General

Respondent

Ireland

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether fair procedures were breached in a papers-only asylum appeal by the Refugee Appeals Tribunal
  2. 2 Whether cumulative adverse credibility findings can stand when some findings are procedurally unfair or irrational
  3. 3 Whether the applicant was denied an opportunity to address new credibility concerns raised for the first time by the Tribunal

Ratio Decidendi

The Tribunal's cumulative adverse credibility finding was tainted by reliance on material findings that were procedurally unfair and irrational, including concerns not previously put to the applicant and erroneous conclusions about objective country of origin information. Fair procedures required the applicant be given an opportunity to address such concerns before they were relied upon. The cumulative nature of the Tribunal's decision meant that the overall finding could not be sustained once these flawed elements were removed.

Court Disposition

Appeal allowed; Tribunal's decision quashed

Orders

  • The Tribunal's decision refusing refugee status is quashed.
  • The matter is remitted for reconsideration in accordance with fair procedures.