A. -v- Refugee Appeals Tribunal & Ors [2012] IEHC 8 (17 January 2012)

A. -v- Refugee Appeals Tribunal & Ors [2012] IEHC 8 (17 January 2012)

Non-compliance with O. 40, r. 14 regarding the language and certification of affidavits does not automatically require the proceedings to be struck out in limine; the applicant should be given an opportunity to remedy the procedural defect by filing a compliant affidavit.

Citation
[2012] IEHC 8
Parties
Applicant: S. A.; Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
17 January 2012
Procedural Posture
Judicial Review / Application for Leave; Preliminary Issue on Affidavit Compliance
Outcome
Application stayed to allow applicant to file a compliant affidavit; no strike out at this stage.
Legal Topics
Affidavit Requirements, Language of Affidavits, Procedural Non Compliance, Judicial Discretion, Asylum Procedure
Civil Procedure Immigration Law Asylum Law Affidavit Requirements Language of Affidavits Procedural Non Compliance Judicial Discretion Asylum Procedure

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Parties

S. A.

Applicant

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Ireland and the Attorney General

Respondent

Procedural Posture

Judicial Review / Application for Leave; Preliminary Issue on Affidavit Compliance

Legal Issues

  1. 1 Whether non-compliance with O. 40, r. 14 RSC 1986 regarding the language and certification of affidavits requires the proceedings to be struck out in limine
  2. 2 Whether the applicant's affidavit, sworn in English without explanation despite limited English proficiency, is admissible

Ratio Decidendi

Non-compliance with O. 40, r. 14 regarding the language and certification of affidavits does not automatically require the proceedings to be struck out in limine; the applicant should be given an opportunity to remedy the procedural defect by filing a compliant affidavit.

Court Disposition

Application stayed to allow applicant to file a compliant affidavit; no strike out at this stage.

Orders

  • Stay of proceedings for a short period to enable compliance with O. 40, r. 14 by filing a fresh affidavit.
  • Respondents may re-enter motion to strike out if compliance is not achieved.