NzN v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 31
Nature of Proceedings:Appeal
Judgment Date/s:27 Jan 2014
Judge:Clark J.
Category:Refugee Law
Keywords:Country of Nationality, Country of Origin, Nationality, Refugee, Refugee Status
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/a5972f99-df90-47f5-966e-cbd41f55a144/2014_IEHC_31_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The appellant (Nz.N) sought to overturn a decision by the Minister for Justice to revoke her declaration of refugee status by way of statutory appeal to the High Court pursuant to the provisions of the Refugee Act 1996. She sought asylum in December, 2005 and had been declared a refugee in February, 2006. Her infant son, whom she claimed … Read More

Principles:

Under s. 21(1)(h) of the Refugee Act 1996 and reg. 11(2)(b) of the EC (Eligibility for Protection) Regulations 2006, the powers of the court on an appeal against a revocation of refugee status entail determining whether the decision to revoke the declaration was correctly made and should be confirmed, or whether it was wrong and should be withdrawn. The court can consider all the evidence which was before the Minister and hear oral evidence from the appellant and any witnesses called by either party in determining the appeal. The court can come to its own view as to whether the decision to revoke was appropriate or should be withdrawn. The court does this on the evidence which was before the Minister and any additional evidence presented on the appeal.

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