SJL & Anor -v- The Refugee Appeals Tribunal & Ors [2016] IECA 47 (26 February 2016)

SJL & Anor -v- The Refugee Appeals Tribunal & Ors [2016] IECA 47 (26 February 2016)

The applicants cannot be excluded from consideration as members of a particular social group solely because of the general application of the law they breached; the Tribunal's process was procedurally deficient in its credibility assessment and consideration of evidence, warranting remittal for fresh determination.

Citation
[2016] IECA 47
Parties
Applicant: SJL; Applicant: LRC; Appellant: Refugee Appeals Tribunal; Appellant: Minister for Justice and Equality; Appellant: Attorney General; Appellant: Ireland; Notice Party: Human Rights Commission
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Asylum, Membership of a Particular Social Group, One Child Policy, Credibility Assessment, Country of Origin Information, Judicial Review, Refugee Convention
Immigration Law Refugee Law Human Rights Law Asylum Membership of a Particular Social Group One Child Policy Credibility Assessment Country of Origin Information +2 more

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Parties

SJL

Applicant

LRC

Applicant

Refugee Appeals Tribunal

Appellant

Minister for Justice and Equality

Appellant

Attorney General

Appellant

Ireland

Appellant

Human Rights Commission

Notice Party

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Chinese nationals who breached the one child policy constitute a 'particular social group' under the Refugee Act 1996 and relevant EU/International law
  2. 2 Whether the Tribunal's credibility findings and consideration of country of origin information were procedurally fair

Ratio Decidendi

The applicants cannot be excluded from consideration as members of a particular social group solely because of the general application of the law they breached; the Tribunal's process was procedurally deficient in its credibility assessment and consideration of evidence, warranting remittal for fresh determination.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to the Refugee Appeals Tribunal for fresh consideration of the applications in light of the court's findings.