TA and OJO (a minor) v Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

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Respondent/Defendant:Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 204
Nature of Proceedings:Judicial Review
Judgment Date/s:03 Apr 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Asylum, Persecution, Refugee, Refugee (Convention), Refugee Law, Refugee Status
Country of Origin:Nigeria
URL:http://www.courts.ie/Judgments.nsf/0/BCF5B17194B1A3E280257CC5003680CF
Geographic Focus:Ireland

Facts:The first and second named applicants were, respectively, a Nigerian mother and her son. She arrived in the State in 2006 and her son was born here that same year. She claimed to have fled Nigeria in fear of persecution from her mother-in-law and her husband, whom she claimed had been violent to her and had threatened to take custody … Read More

Principles:

A protection decision-maker is entitled to make an adverse credibility finding on an asylum application where contradictions and inconsistencies surround a material piece of evidence.

A protection decision-maker like the Tribunal is obliged to give a reasonable opportunity to an asylum applicant to know the matters likely to affect its decision on his or her claim, it is not required to enter into a debate with him or her.

Unless there are specific factors capable of supporting a contention that delay in making a determination on  protection application has rendered the eventual decision unlawful or invalid, such delay cannot, of itself, amount to a substantial ground for contending that the decision is invalid.

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