FKS v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal; Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2010] IEHC 137
Nature of Proceedings:Judicial Review
Judgment Date/s:02 Mar 2010
Judge:Cooke J.
Category:Refugee Law
Keywords:Refugee
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/9e53524e-4de8-43c6-96ed-dcf9d227a16e/2010_IEHC_137_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicant was a national of Cameroon who claimed asylum in Ireland. The Refugee Applications Commissioner recommended that he not be declared a refugee, and this recommendation was affirmed on appeal by the Refugee Appeals Tribunal (RAT). At the RAT hearing, there was no appearance by a representative of the Comissioner (usually known as a Presenting Officer). The Applicant’s Counsel … Read More

Principles:

The RAT has jurisdiction to hear an appeal even where no Presenting Officer is present, provided the Commissioner has been informed of the hearing and the RAT is satisfied that the hearing can properly be conducted without a Presenting Officer.

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