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

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Respondent/Defendant:Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 161
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Feb 2014
Judge:Barr J.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Country of Origin Information, Persecution, Refugee, Refugee (Convention), Refugee Status
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/241662e8-acc4-41e4-9589-4b4d05274aae/2014_IEHC_161_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was an Afghan national. His application for asylum was based on his claim to have fallen foul of both the government and the Taliban in Afghanistan. He asserted that he came from a family which was opposed to the authorities and to have engaged in acts of terrorism. He said that the Taliban chose him to become … Read More

Principles:

Allocation of little or no weight by a protection decision-maker to material evidence due to a mistake of fact will likely result in its decision being quashed.

A protection decision-maker must also ensure that, when making findings on credibility, such findings be unambiguous, so as to leave the applicant, and any reviewing court, in no doubt as to whether the decision-maker believed his claim or not.

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