BY (Nigeria) v Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Attorney General and Ireland

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 60
Nature of Proceedings:Judicial Review
Judgment Date/s:05 Feb 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/661b73cd-0157-4b4c-b377-841bc8b4c1ce/2015_IEHC_60_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian national who alleged that she was a policewoman there who had been forced to flee Nigeria as a result of being repeatedly targeted by a criminal gang, which had allegedly killed her mother, husband and daughter. She arrived in Ireland and sought asylum. Her only evidence of identity was a Nigerian police warrant card. … Read More

Principles:

Where an appeal against a first instance decision recommending refusal of an application for international protection is on the papers only, an appellate decision-maker who wishes to make findings that were not made by the first instance decision-maker should ensure that fair procedures are observed and that an applicant has an opportunity of making submissions on the considerations giving rise to those findings.

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