BW v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Court of Appeal
Citation/s:[2017] IECA 296
Nature of Proceedings:Appeal
Judgment Date/s:15 Nov 2017
Judge:Peart M.
Category:Refugee Law
Keywords:Asylum (Application for), Protection (Application for International), Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/d350b5b9-b21e-4d90-81dc-c43f7a116232/2017_IECA_296_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant came to Ireland from Nigeria in 2007. She applied for refugee status in 2011. Her application was unsuccessful. She appealed to the first respondent. The appeal was a papers only appeal. The appeal was unsuccessful. The Refugee Appeals Tribunal made adverse credibility findings based on matters that had not been put to the applicant and concluded that … Read More

Principles:

Where an issue of concern emerged for the first time on a papers only appeal in relation to a matter which the appellant had not already had a fair opportunity to address and that concern was in relation to something material to the basis on which asylum was being sought, and therefore to the decision whether or not she be granted a declaration of refugee status, the appellant was as a matter of fair procedures entitled to an opportunity to address it before any adverse finding of credibility was made against her.

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