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.