IG 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 207
Nature of Proceedings:Judicial Review
Judgment Date/s:11 Apr 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Persecution, Refugee, Refugee (Convention), Refugee Law, Refugee Status
Country of Origin:Egypt
URL:https://www.courts.ie/acc/alfresco/d8c88f17-3d5b-4889-aed8-8119d099028e/2014_IEHC_207_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was an Egyptian national who claimed to have arrived in Ireland by boat, disembarking at Waterford Port in February, 2006, and making his way by bus to Dublin thereafter. He claimed that he did not apply for asylum immediately upon arrival in Ireland, as he was told by certain people he knew that if he made an … Read More

Principles:

An applicant who has been notified of the making of a s. 13(1) report by the Refugee Applications Commissioner has a duty, as an active participant in the asylum process, to take issue with any findings in it with which he disagrees on appeal to the Refugee Appeals Tribunal. A genuine mistake in failing to do so may provide an unsuccessful applicant with an entitlement to apply for re-entry to the asylum process pursuant to s. 17(7) of the Refugee Act 1996.

It will not be a satisfactory explanation for delay in claiming asylum to argue that it was motivated by fear of deportation, relying on an unsubstantiated reference to an allegedly low refugee recognition rate.

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