VU v Refugee Applications Commissioner & Anor

Respondent/Defendant:Refugee Applications Commissioner & Anor
Citation/s:[2005] 2 IR 537, [2005] IEHC 146
Judgment Date/s:29 Apr 2005
Judge:Gilligan
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status
URL:http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/f318baf818435d74802570c700556f07?OpenDocument

The Refugee Applications Commissioner relied on country of origin information in the Section 13 Report that was not furnished to the applicant. The applicant claimed that he was entitled to the documents prior to the decision being made in order to consider and respond to them. The Court granted the relief sought, finding that Section 11(6) of the Refugee Act … Read More

Principles:

Section 11(6) of the Refugee Act 1996 imposes an obligation on the Refugee Applications Commissioner to furnish an applicant with all relevant information prior to the making of the recommendation. The only information that can be excluded from the Commissioner’s obligation under Section 11(6) is that which comes under Section 11(7) - i.e. anything that might be in breach of inter-State confidentiality.

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