The Minister refused to grant refugee status to the applicant, a South African national. The applicant subsequently asked the Minister to consent to allow him to make a fresh application for asylum pursuant to Section 17(7) of the Refugee Act 1996. The Minister refused to give this consent and the applicant sought to challenge the refusal by way of judicial … Read More
EMS v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | Supreme Court |
| Citation/s: | [2004] 1 IR 536 |
| Judgment Date/s: | 10 Jun 2004 |
| Category: | Refugee Law |
| Keywords: | Refugee, Refugee Law, Refugee Status |
| Country of Origin: | South Africa |
| Principles: | A failed asylum seeker is entitled to go to the relevant bodies established under the asylum legislation to make a new application for asylum where there is fresh evidence that another claim has been successful on essentially the same facts. The Minister should not rule out the possibility of an applicant having a further claim considered where there is a realistic prospect that a favourable view could be taken of the new claim. |