SO v Refugee Appeals Tribunal (Tribunal Member Anne Tait) & Anor

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Respondent/Defendant:Refugee Appeals Tribunal (Tribunal Member Anne Tait) & Anor
Court/s:High Court
Citation/s:[2006] IEHC 113
Judgment Date/s:07 Apr 2006
Judge:Finlay Geoghegan
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/27d81606-3c25-49e8-a81e-d9b03ebba41a/2006_IEHC_113_1.pdf/pdf#view=fitH

The applicant, a Nigerian national, claimed asylum for fear of being subjected to a forced marriage and the victim of ritual sacrifice. The applicant challenged the Refugee Appeal Tribunal’s decision refusing her asylum arguing that the decision incorrectly stated that she left the home controlled by her father’s brother because of a desire to live with her boyfriend in Lagos and that the Tribunal had relied upon country of origin information and information from the Garda National Immigration Bureau that it had not disclosed to her.

In granting the relief sought and quashing the Tribunal’s decision, the Court found that the error of fact was of significance to the Tribunal’s decision and that the failure to furnish the applicant with documents relied upon was in breach of Section 16 of the Refugee Act 1996 which obliged the Tribunal to disclose to an appellant all information relevant to an appeal.

Principles:

Section 16 of the Refugee Act 1996 imposes an obligation on the Refugee Appeals Tribunal to disclose all information to an appellant that is relevant to his or her appeal.

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