Facts: The applicant was a national of the Democratic Republic of Congo (“DRC”). He arrived in Ireland in August 2009 and claimed asylum. He claimed that his cousin, who was a member of an opposition group with militant tendencies and who was wanted by the authorities, had come to stay with him whilst he made arrangements to flee the country. … Read More
HK v Refugee Appeals Tribunal and Another
| Respondent/Defendant: | Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2015] IEHC 65 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 05 Feb 2015 |
| Judge: | Faherty J. |
| Category: | Refugee Law |
| Keywords: | Refugee |
| Country of Origin: | Democratic Republic of Congo |
| URL: | https://www.courts.ie/acc/alfresco/7fd97459-974d-411a-a35d-4dba569939d0/2015_IEHC_65_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | When assessing a medical report, a decision-maker should set out sufficient basis in the decision to enable the subject of the decision and any court on review to know the basis upon which the contents of the report were discounted for the purpose of assessing credibility. Section 11B(b) of the Refugee Act 1996 should not be relied upon where an applicant does not claim that Ireland is the first safe country he or she reached. |