Facts: The applicant was a national of Nigeria who sought asylum and whose application was refused by the Refugee Appeals Tribunal. He sought to quash its decision. He claimed to fear being put to death because of his father’s association with a secret cult, whose aim was to make its members wealthy by killing their children. He claimed that his … Read More
MOI v Refugee Appeals Tribunal, the Attorney General and the Human Rights Commission
Respondent/Defendant: | Refugee Appeals Tribunal, the Attorney General and the Human Rights Commission |
Court/s: | High Court |
Citation/s: | [2014] IEHC 291 |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 30 May 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: | Nigeria |
URL: | https://www.courts.ie/acc/alfresco/e8553225-9645-487d-b337-84614338ac84/2014_IEHC_291_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | The absence of a sworn statement in the grounding affidavit to judicial review proceedings as to the facts relied upon in the statement of grounds will not necessarily lead to the proceedings being dismissed for failure to comply with the Rules of the Superior Courts, whether on the grounds of delay or otherwise. The court will consider the merits of the application before deciding whether or not the applicant should be entitled to swear an affidavit which remedies the error. |