Facts: The applicant claimed to be an Afghan national. He applied for asylum in Ireland on the basis that he feared persecution in Afghanistan on imputed political grounds. He stated that his father and brother were members of Hezb-e-Islami, the Islamic Party, whose membership was composed predominantly of ethnic Pashtuns. Where his family lived, most people were Tajiks and members … Read More
AD (Afghanistan) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2015] IEHC 30 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 20 Jan 2015 |
| Judge: | Stewart J. |
| Category: | Refugee Law |
| Keywords: | Asylum, Asylum (Application for), Refugee, Refugee Law |
| Country of Origin: | Afghanistan |
| URL: | https://www.courts.ie/acc/alfresco/d2e84f26-d400-4cba-802a-624d1e379798/2015_IEHC_30_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Where an application for international protection fails at first instance on the basis of lack of supporting evidence, and such evidence is furnished as part of an appeal, it is incumbent on the appellate decision-maker to take it into account when evaluating credibility. In such a situation, the appellate body cannot necessarily adopt the credibility findings made at first instance. |