S.A.E. (Nigeria) -v- Refugee Appeals Tribunal [2015] IEHC 815 (17 December 2015)

S.A.E. (Nigeria) -v- Refugee Appeals Tribunal [2015] IEHC 815 (17 December 2015)

The Tribunal's decision was unsustainable as it was based on three adverse credibility findings, each of which was vitiated by material errors of fact and/or law. The cumulative credibility assessment was therefore fundamentally flawed, denying the applicant fair procedures.

Citation
[2015] IEHC 815
Parties
Applicant: S. A. E. (Nigeria); Respondents: Ben Garvey sitting as the Refugee Appeals Tribunal, The Office of the Refugee Application Commissioner, The Minister for Justice and Equality, Ireland and Attorney General
Jurisdiction
Ireland
Judgment Date
17 December 2015
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
decision of the Refugee Appeals Tribunal quashed; certiorari granted
Legal Topics
Asylum, Refugee Status Determination, Judicial Review, Credibility Assessment, Procedural Fairness
Immigration Law Administrative Law Asylum Refugee Status Determination Judicial Review Credibility Assessment Procedural Fairness

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Parties

S. A. E. (Nigeria)

Applicant

Ben Garvey sitting as the Refugee Appeals Tribunal, The Office of the Refugee Application Commissioner, The Minister for Justice and Equality, Ireland and Attorney General

Respondents

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal's decision was vitiated by errors of fact and law in its credibility findings
  2. 2 Whether the applicant was denied fair procedures in the assessment of his asylum claim

Ratio Decidendi

The Tribunal's decision was unsustainable as it was based on three adverse credibility findings, each of which was vitiated by material errors of fact and/or law. The cumulative credibility assessment was therefore fundamentally flawed, denying the applicant fair procedures.

Court Disposition

decision of the Refugee Appeals Tribunal quashed; certiorari granted

Orders

  • Order of certiorari quashing the Tribunal's decision
  • Applicant's appeal to be considered by a different Tribunal member