ASO (A Minor) v Refugee Applications Commissioner and Ors


Respondent/Defendant:Refugee Applications Commissioner & Ors
Court/s:High Court
Citation/s:[2006] IEHC 28
Judgment Date/s:01 Feb 2006
Category:Refugee Law
Keywords:Child, Refugee, Refugee Law, Refugee Status
References:A.M. v Refugee Applications Commissioner (aka Moke)

The Refugee Applications Commissioner initially assessed the applicant to be a minor. The Health Service Executive assigned a project worker to the applicant and subsequently requested that the Commissioner carry out another age assessment. The Commissioner carried out a second test and determined that the applicant was over 18. The applicant challenged the second age assessment on the ground that it was in breach of fair procedures  and also challenged the subsequent refugee status determinations on the ground that they were materially affected by the allegedly unsound age assessment test.

In granting leave, the Court held that it was arguable that the correct procedures, as outlined in A.M. v Refugee Applications Commissioner were not applied in the second age assessment and that it was arguable that the Commissioner and Tribunal’s considerations were materially affected by the second age assessment, particularly with regard to credibility.


Fair procedures must be applied in age assessments of applicants for asylum. It is arguable that a refugee status determination affected by adverse credibility findings in an age assessment test would be unsound for having regard to irrelevant matters.

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