PD v Refugee Applications Commissioner and Others (No. 2)

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Respondent/Defendant:Refugee Applications Commissioner, Minister for Justice and Equality, and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 162
Nature of Proceedings:Judicial Review
Judgment Date/s:12 Mar 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Refugee
Country of Origin:Zimbabwe
URL:http://www.courts.ie/Judgments.nsf/0/02DEED7E5D6B70DB80257E150056C624
Geographic Focus:Ireland

Facts:The applicant had been successful in a judicial review taken by him of a decision of the Refugee Applications Commissioner to make a negative recommendation on his application for asylum. During the course of the hearing, the court raised the issue of whether the provisions of Article 9 of the Qualification Directive (2004/83/EC), pursuant to which discriminatory laws or disproportionate … Read More

Principles:

A court will be unlikely to award an applicant full costs of a case which he has won, where the point which was dispositive of the case was raised by the court and not by him or her in the pleadings or in other pre-trial work, such as written submissions.

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