JGM v Refugee Appeals Commissioner and Minister for Justice, Equality and Law Reform

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Mhlanga
Respondent/Defendant:Minister for Justice, Equality and Law Reform; Refugee Applications Commissioner
Court/s:High Court
Citation/s:[2009] IEHC 352
Nature of Proceedings:Judicial Review
Judgment Date/s:29 Jul 2009
Judge:Clark J.
Category:Refugee Law
Keywords:Refugee
Country of Origin:Zimbabwe
URL:https://www.courts.ie/acc/alfresco/d8e23c30-4f9b-48d1-a09a-1369f8658112/2009_IEHC_352_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:A.D. v Refugee Applications Commissioner; Stefan v Minister for Justice, Equality and Law Reform; A.K. (Kayode) v Refugee Applications Commissioner; B.N.N. v Minister for Justice, Equality and Law Reform & Anor

The Applicant, a citizen of Zimbabwe, claimed refugee status in Ireland. The Refugee Applications Commissioner recommended that he not be declared a refugee. The Commissioner’s authorised officer had come to the conclusion that the Applicant was a citizen of Mozambique and that, even if the Applicant was not a citizen of Mozambique, his father was born there and the Applicant … Read More

Principles:

Leave to apply for judicial review to quash a report and recommendation of the ORAC should only be granted in exceptional cases. To bring an application within this category it is necessary to advance substantial grounds for some fundamental flaw or illegality in the report such that a rehearing upon appeal before the RAT will be inadequate to remedy it.

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