AK v Minister for Justice and Another

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Respondent/Defendant:Minister for Justice, Equality and Law Reform and Refugee Applications Commissioner
Court/s:High Court
Citation/s:[2015] IEHC 599
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Jul 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Refugee
Country of Origin:Ghana
URL:http://www.courts.ie/Judgments.nsf/0/59CD9D34FDB4A54580257EDF003746A0
Geographic Focus:Ireland

Facts:The applicant, a Ghanaian national, applied for asylum in Ireland on the basis of his homosexuality. Having investigated his application, the Refugee Applications Commissioner recommended that he be refused refugee status on account of lack of credibility. He complained inter alia that the decision unlawfully included a finding that s. 13(6)(b) of the Refugee Act 1996 applied to the decision, … Read More

Principles:

Where adverse credibility findings are made against a protection applicant at first instance which are based on demeanour, such an applicant must be entitled to an oral appeal hearing so that he or she has the opportunity of addressing them.

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