MAI v Refugee Appeals Tribunal and Others

adminLeave a Comment

Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 623
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Dec 2014
Judge:Faherty J.
Category:Refugee Law
Keywords:Country of Origin Information, Refugee
Country of Origin:Iraq
URL:https://www.courts.ie/acc/alfresco/248cc09a-27b9-4422-8c79-8f893e2f63ca/2014_IEHC_623_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was an Iraqi national who claimed asylum in Ireland. He worked as a shepherd in Ninewa province and was approached by a number of terrorists who wanted him to park a car bomb outside a police station. He agreed to meet them another day about this. He subsequently told his mother what had happened, and then went … Read More

Principles:

Protection decision-makers should ensure that applicants appearing before them who are unable to communicate through English have an appropriate interpreter which will enable them to do so. Failing to ensure this is the case may result in their decisions being based on inaccurate information and hence liable to being set aside by way of judicial review.

Such decision-makers should, in general, also be careful to assess claims for protection in the light of country of origin information. If they decline to give any weight to evidence furnished to them by an applicant, they should set out a reasoned basis for this.

Go Back