The Applicant, a Guinean national, claimed asylum in Ireland on the grounds that she had been persecuted in Guinea. The Refugee Applications Commissioner (ORAC) did not believe her story and recommended that she not be declared a refugee. She sought leave to challenge by way of judicial review the ORAC recommendation on the grounds that the Commissioner had committed errors … Read More
AD v Refugee Applications Commissioner, Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
Diallo
| Respondent/Defendant: | Refugee Applications Commissioner, Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2009] IEHC 77 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 27 Jan 2009 |
| Judge: | Cooke J. |
| Category: | Refugee Law |
| Keywords: | Refugee |
| Country of Origin: | Guinea |
| Geographic Focus: | Ireland |
| References: | Stefan v Minister for Justice, Equality and Law Reform; VZ v Minister for Justice, Equality and Law Reform; Kayode v Refugee Applications Commissioner; BNN v Minister for Justice, Equality and Law Reform and 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. |