The applicant claimed a well-founded fear of persecution in Kosovo because his father had collaborated with the Serb authorities. There were discrepancies between the applicant’s evidence at his appeal hearing and what he had said during the earlier stages of his application and the Tribunal refused the appeal. The applicant contended that he had provided the Tribunal with an explanation … Read More
LB v Minister for Justice, Equality and Law Reform & Anor
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform & Anor |
| Court/s: | High Court |
| Citation/s: | [2003] IEHC 18 |
| Judgment Date/s: | 07 May 2003 |
| Judge: | Finlay Geoghegan |
| Category: | Refugee Law |
| Keywords: | Refugee, Refugee Law, Refugee Status |
| Principles: | The process by which the credibility of an applicant is assessed is a matter within the remit of the Court insofar as it goes to an applicant’s entitlement to fair procedures. The Tribunal is under an obligation as a matter of fair procedures in the assessment of an applicant’s claim for refugee status to consider and assess any explanation for failure to disclose facts at an earlier stage. |