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