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

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

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.

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