AM v Refugee Applications Commissioner

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Moke
Respondent/Defendant:Refugee Applications Commissioner
Court/s:High Court
Citation/s:[2005] IEHC 317
Judgment Date/s:06 Oct 2005
Judge:Finlay Geoghegan
Category:Refugee Law
Keywords:Minor, Refugee, Refugee Law, Refugee Status
URL:https://www.courts.ie/acc/alfresco/d067b7f0-e97f-44e9-b205-abb9df1c8186/2005_IEHC_317_1.pdf/pdf#view=fitH

An asylum applicant claimed he was a minor at the time of his asylum application. The Refugee Applications Commissioner interviewed him to assess his age and assessed him to be not under 18 years of age. The applicant was thereafter processed by the Commissioner as an adult and was in due course issued with a negative asylum determination. The applicant challenged both the age assessment and the refugee status determination.

The Court quashed the decision assessing the applicant’s age finding that minimum procedural requirements for such a procedure include:-

  1. that an applicant be told the purpose of the interview in simple terms;
  2. that an applicant is entitled to be told in simple terms the reason or grounds why the interviewer considers the claim to be false and given an opportunity to deal with such matters;
  3. that the applicant is entitled to be told of any reservations held by the interviewer with regard to identity documents and is given an opportunity to deal with the matter;
  4. that if the decision is adverse to the applicant that he is clearly and promptly informed of the decision and its reasons; and
  5. that the possibility and procedure of reassessment is communicated orally and in writing.

The Court found that these requirements were not met in the instant case.

Principles:

Minimum procedural requirements for age assessment of minors in the asylum process include (i) that an applicant be told the purpose of the interview in simple terms; (ii) that an applicant is entitled to be told in simple terms the reason or grounds why the interviewer considers the claim to be false; and to be given an opportunity to deal with such matters; (iii) that the applicant is entitled to be told of any reservations held by the interviewer with regard to identity documents and is given an opportunity to deal with the matter; (iv) that if the decision is adverse to the applicant that he is clearly and promptly informed of the decision and its reasons; and (v) that the possibility and procedure of reassessment is communicated orally and in writing

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