The applicant, a national of Uzbekistan, claimed a well-founded fear of persecution on account of her ethnicity and religion. Both the Commissioner and Tribunal refused her claim, raising doubts about her credibility. The applicant challenged the Tribunal’s decision, arguing that an adverse credibility finding should be based on reasons bearing a legitimate nexus to the adverse finding, and that credibility … Read More
NK v Refugee Appeals Tribunal (Paul McGarry) & Ors
| Respondent/Defendant: | Refugee Appeals Tribunal (Paul McGarry) & Ors |
| Court/s: | High Court |
| Citation/s: | [2004] IEHC 240, [2005] 4 IR 321 |
| Judgment Date/s: | 02 Apr 2004 |
| Judge: | Finlay Geoghegan |
| Category: | Refugee Law |
| Keywords: | Refugee, Refugee Law, Refugee Status |
| Country of Origin: | Uzbekistan |
| References: | R v Immigration Appeals Tribunal - ex parte Ahmed; Horvath v Secretary of State for the Home Department |
| Principles: | If an applicant’s credibility is at issue an adjudicator is obliged to make an express finding on credibility. An adjudicator is obliged to at least make some finding about the general position in the country of origin, and to assess an applicant’s credibility in that context. |