S.U.N -v- Refugee Applications Commissioner & Ors [2012] IEHC 338 (30 March 2012)

S.U.N -v- Refugee Applications Commissioner & Ors [2012] IEHC 338 (30 March 2012)

Where the negative recommendation in a s.13 report is based exclusively or predominantly on lack of personal credibility, the Commissioner must not include a s.13(6)(e) finding that deprives the applicant of an oral hearing on appeal, as this violates the obligation to provide an effective remedy under Article 39 of the Procedures Directive and the constitutional guarantee of fair procedures under Article 40.3.

Citation
[2012] IEHC 338
Parties
Applicant: S. U. N.; Respondent: Refugee Applications Commissioner; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
30 March 2012
Procedural Posture
Judicial Review / Judgment on Preliminary Issue
Outcome
preliminary issue decided in applicant's favour
Legal Topics
Asylum Procedures, Safe Country Designation, Fair Procedures, Effective Remedy, Credibility Assessment
Administrative Law Constitutional Law Immigration Law European Union Law Asylum Procedures Safe Country Designation Fair Procedures Effective Remedy +1 more

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Parties

S. U. N.

Applicant

Refugee Applications Commissioner

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether exclusion of oral hearing on appeal due to safe country designation is lawful and compatible with effective remedy under Article 39 of Council Directive 2005/85/EC and Article 40.3 of the Constitution, particularly where the negative recommendation is based on lack of personal credibility

Ratio Decidendi

Where the negative recommendation in a s.13 report is based exclusively or predominantly on lack of personal credibility, the Commissioner must not include a s.13(6)(e) finding that deprives the applicant of an oral hearing on appeal, as this violates the obligation to provide an effective remedy under Article 39 of the Procedures Directive and the constitutional guarantee of fair procedures under Article 40.3.

Court Disposition

preliminary issue decided in applicant's favour

Orders

  • Court will hear parties as to whether findings permit a final order or if further issues/consequential matters require consideration