Facts: The applicant was an Albanian who claimed asylum in the State. He said that in March, 2007, his father killed a young boy in a road traffic accident in Albania. This gave rise to a blood feud between the boy’s family and the applicant’s family. The applicant feared that the boy’s family would try to kill him in revenge … Read More
AP (Albania) v Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform
Respondent/Defendant: | Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform |
Court/s: | High Court |
Citation/s: | [2014] IEHC 493 |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 02 Oct 2014 |
Judge: | Barr J. |
Category: | Refugee Law |
Keywords: | Asylum, Country of Origin (Safe), Country of Origin Information, Persecution, Refugee |
Country of Origin: | Albania |
URL: | https://www.courts.ie/acc/alfresco/f20f0919-38e7-480c-a4ab-8d90879db384/2014_IEHC_493_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | A fundamental element of fair procedures is that a protection applicant who does not understand English be provided with a competent interpreter at a hearing in order to enable him to follow proceedings and to make himself properly understood. Where this is not done, a protection decision is likely to be set aside as having been made in breach of fair procedures, particularly where an interpreter’s inability to convey the applicant’s evidence properly has led to a material mistake of fact by the protection decision-maker. In such cases, a protection decision-maker should consider granting an adjournment to enable the services of a suitable interpreter to be obtained. |