The Refugee Applications Commissioner found that the applicant was not credible and that his claim did not come within the definition of persecution. In refusing the application for leave to seek judicial review, the Court held that a lack of credibility fundamentally infects the subjective element of an applicant’s well-founded fear, and that the objective element becomes irrelevant without a credible subjective element.
|Respondent/Defendant:||Refugee Appeals Tribunal & Anor|
|Citation/s:|| IEHC 42|
|Judgment Date/s:||28 Feb 2005|
|Keywords:||Refugee, Refugee Law, Refugee Status|
A lack of credibility may fundamentally infect the subjective element of an applicant’s well-founded fear.