ACB v Minister for Justice, Equality and Law Reform & Anor

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Respondent/Defendant:Minister for Justice, Equality and Law Reform & Anor
Court/s:High Court
Citation/s:[2005] IEHC 157
Judgment Date/s:25 Apr 2005
Judge:O'Leary
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status
URL:https://www.courts.ie/acc/alfresco/8b3140b7-aacf-42c4-846c-c7902cc7d714/2005_IEHC_157_1.pdf/pdf#view=fitH

The applicant challenged the decision of the Refugee Appeals Tribunal on the grounds, inter alia, that the Tribunal relied in part on country of origin information that was not available to the applicant, that the Tribunal was unreasonable in relying on approximate dating, and that the Tribunal was unreasonable in not accepting the applicant’s explanation why he had misdated a letter, in circumstances where the explanation was clearly consistent with the facts.

The Court granted leave, finding that while the matters favourable to the applicant would not constitute substantial grounds for leave individually, as each of the Tribunal’s errors was part of the one process of credibility assessment, the effect of the accumulation of the errors was such as to convert the matter into substantial grounds.

Principles:

While individual matters favourable to an applicant may not singly constitute substantial grounds for leave, where the Tribunal’s errors are part of the one process of assessing credibility, the effect of the accumulation of the errors may be such as to convert the matter into substantial grounds sufficient for leave to seek judicial review.

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