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 quashes the decision of the International Protection Appeals Tribunal which had affirmed the International Protection Office's recommendation denying the applicant a refugee or subsidiary protection declaration. The Tribunal's decision was found to be flawed due to the non-disclosure of the applicant's initial questionnaire to his legal representatives, which was a significant element in assessing the applicant's credibility. The absence of this document breached the applicant's rights to fair procedures and the Tribunal's duty of cooperation. Consequently, the matter has been remitted to the Tribunal for a fresh appeal hearing.
International Protection Appeals Tribunal, certiorari, refugee declaration, subsidiary protection declaration, credibility assessment, duty of cooperation, fair procedures, International Protection Act 2015, EU Qualification Directive, Council Directive 2004/83/EC, Tribunal's procedural error, non-disclosure of evidence, remittal for fresh hearing, Section 28(2) of the 2015 Act, Article 4(1) of the Qualification Directive, material error of fact, Section 35 interview.
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 fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now