Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, following a preliminary ruling of the Court of Justice of the European Union, sets aside a decision of the International Protection Appeals Tribunal (IPAT) and remits the case for fresh consideration, finding that the IPAT breached its duty of cooperation by failing to consult up-to-date information on the general situation in the asylum seeker's country of origin. The court also determined that the excessive delay in the administrative and judicial proceedings, which was not justified by legislative changes during the period, may have affected the outcome of the dispute. The court agreed that the asylum seeker's initial false statement, which was promptly explained and withdrawn, did not by itself prevent establishing his general credibility.
Asylum seeker, CJEU preliminary ruling, International Protection Appeals Tribunal (IPAT), duty of cooperation, Directive 2004/83, medico-legal report, mental health, country of origin information, breach of duty, annulment of decision, excessive delay, legislative amendments, credibility, false statement, Directive 2005/85, Article 23(2), Article 39(4), judicial review, subsidiary protection, Charter of Fundamental Rights of the European Union (CFEU), Article 47.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now