GNL 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 292
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:Democratic Republic of Congo
URL:https://www.courts.ie/acc/alfresco/b751a42c-df8f-48b8-8a41-ffb9516b5641/2014_IEHC_292_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant claimed to be a national of the Democratic Republic of Congo (“DRC”). She allegedly arrived in the State in 2007, having travelled from the DRC via Brazzaville and an airport in France. She claimed asylum. Her husband was living in Ireland at the time and had been granted leave to remain in the State. The Refugee Applications … Read More

Principles:

Rejection of an asylum applicant’s application partly on the erroneous basis that it was the same as an unsuccessful application made by another party, such as a spouse, will likely result in the negative decision being quashed, unless it is clear to the reviewing court precisely what weight was given by the decision-maker to it erroneous assessment of the claim.

Where an applicant has not sworn a grounding affidavit in accordance with the Rules of the Superior Courts, this will not necessarily result in the dismissal of the applicant’s proceedings. Where the error is attributable to the applicant’s legal representatives, the applicant will not be personally at fault and good and sufficient reason will exist to extend time in order to allow an affidavit to be sworn which complies with the Rules.

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