BEE v Refugee Appeals Tribunal and Anor

Respondent/Defendant:Refugee Appeals Tribunal and Anor
Court/s:High Court
Citation/s:[2004] IRLHC 338
Judgment Date/s:21 Oct 2004
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status
Country of Origin:Nigeria

The Nigerian applicant who was over 18 but nonetheless young and lacking education had made an application for refugee status that was rejected for want of credibility. The applicant applied for leave to seek judicial review arguing that there had been an over reliance on the part of the Tribunal on the fact that her mother had previously made an application for asylum in Ireland which had been turned down. The applicant contended that the Tribunal had failed to assess her own credibility separately and that there was evidence that she had been raped in her native country.

The court granted leave to bring judicial review proceedings finding that it was likely that the Tribunal Member had failed to give proper weight to the sexual assault that the applicant had suffered, and the possible effect of this on the applicant’s ability to tell her story and recall events. In addition the Court found that the Tribunal Member had made errors of fact and failed to take account of the applicant’s youth, lack of education and illiteracy.


In assessing credibility a decision-maker must take account of an applicant’s particular circumstances.

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