Z v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court, Supreme Court
Citation/s:[2002] 2 IR 135, Unreported
Judgment Date/s:29 Mar 2001
Judge:Finnegan
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status

The applicant’s case was deemed to be manifestly unfounded. His application for judicial review was unsuccessful in the High Court, and he appealed this decision to the Supreme Court. The applicant claimed that the accelerated procedure for asylum applications that were considered manifestly unfounded was unfair because there was no provision for an oral hearing. The High Court granted the … Read More

Principles:

Application of an accelerated procedure without an oral hearing does not infringe the right of an asylum applicant to natural and constitutional justice. The phrase “well-founded fear of being persecuted” means that the fear must be well founded and that this implied that an applicant’s frame of mind must be supported by an objective situation and that, therefore, the phrase contained both a subjective and an objective element.

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