LHC (A Minor) v Refugee Appeals Tribunal and Minister for Justice and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 75
Nature of Proceedings:Judicial Review
Judgment Date/s:20 Feb 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Asylum, Country of Origin, Nationality, Refugee
Country of Origin:Somalia (allegedly)
URL:https://www.courts.ie/acc/alfresco/36de9c49-6210-4b02-a69c-71d0f227322e/2014_IEHC_75_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a minor, born in Ireland, whose mother claimed to be a Somali national of Bajuni ethnicity. Her mother’s application for asylum had been unsuccessful. In the course of its examination, a language analysis had been conducted which concluded that she did not speak a Bajuni dialect of Swahili found in Somalia and that she used language … Read More

Principles:

Where an asylum claimant contends that he or she has been unfairly denied the opportunity to submit evidence (whether by reason of refusal of an adjournment or by some other decision), then if he or she wishes to set aside a decision on that basis, it is incumbent on him or her had to describe the substance of the excluded evidence and, in addition, the prejudice caused by its exclusion.

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