E. -v- Refugee Appeals Tribunal & Anor [2009] IEHC 479 (28 October 2009)

E. -v- Refugee Appeals Tribunal & Anor [2009] IEHC 479 (28 October 2009)

Leave is granted for judicial review on the grounds that the Tribunal's decision was flawed regarding internal relocation (no investigation or identification of a specific area) and credibility (ambiguity and improper consideration of economic motives), raising substantial grounds for review.

Source-derived case information.

Citation
[2009] IEHC 479
Parties
Applicant: S. B. E.; Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
28 October 2009
Procedural Posture
Judicial Review / Leave Application
Outcome
Leave to seek judicial review granted on specified grounds; costs reserved.
Legal Topics
Credibility Assessment, Internal Relocation, Definition of Refugee, Judicial Review Grounds
Immigration Law Refugee Law Credibility Assessment Internal Relocation Definition of Refugee Judicial Review Grounds

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Parties

S. B. E.

Applicant

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Procedural Posture

Judicial Review / Leave Application

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal's decision was coherent and lawful regarding credibility and internal relocation
  2. 2 Whether the Tribunal erred in law by introducing internal relocation without investigation
  3. 3 Whether economic motives negate refugee status if a well-founded fear of persecution exists

Ratio Decidendi

Leave is granted for judicial review on the grounds that the Tribunal's decision was flawed regarding internal relocation (no investigation or identification of a specific area) and credibility (ambiguity and improper consideration of economic motives), raising substantial grounds for review.

Court Disposition

Leave to seek judicial review granted on specified grounds; costs reserved.

Orders

  • Leave granted to seek reliefs D 1, 5, and 6 as per statement of grounds, limited to internal relocation and credibility issues.
  • Three-day extension granted.