DMS v Minister for Justice, Equality and Law Reform & Ors

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Respondent/Defendant:Minister for Justice, Equality and Law Reform & Ors
Court/s:High Court
Citation/s:[2005] IEHC 395
Judgment Date/s:24 Nov 2005
Judge:Peart
Category:Refugee Law
Keywords:Refugee
Country of Origin:Democratic Republic of Congo
URL:https://www.courts.ie/acc/alfresco/1ca0e12e-140f-407c-8ef7-c5cc1f175c2b/2005_IEHC_395_1.pdf/pdf#view=fitH

The applicant claimed a well-founded fear of persecution from the Democratic Republic of Congo authorities because they believed he was Tutsi. The Tribunal found against the applicant on three separate credibility grounds, regarding his evidence that he was assisted in escaping, that he saved enough money to pay an agent to assist him in leaving the country, and that there was no country of origin information corroborating one aspect of his claim but did not make any adverse credibility finding on the applicant’s claimed core fears.

The Court granted leave, stating that it is not sufficient to make a bald statement that an applicant lacks credibility and that the Tribunal Member had not made an examination on the core matter.

Principles:

It is not sufficient to make a bald statement that an applicant lacks credibility. A Tribunal Member must examine core matters.

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