The applicant was refused asylum, but his sister-in-law was successful on appeal before the Refugee Appeals Tribunal. The applicant subsequently sought the Minister’s consent pursuant to Section 17(7) of the Refugee Act 1996, as amended, to allow him to make a further application for asylum, on the basis that his sister-in-law had been successful before the Tribunal. The Minister refused … Read More
COI v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2007] IEHC 180 |
| Judgment Date/s: | 02 Mar 2007 |
| Judge: | McGovern |
| Category: | Refugee Law |
| Keywords: | Refugee, Refugee Law, Refugee Status |
| URL: | https://www.courts.ie/acc/alfresco/d6bb4239-7142-4172-b23e-71d905d53fad/2007_IEHC_180_1.pdf/pdf#view=fitH |
| 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. |