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
BW v Minister for Justice, Equality and Law Reform
| 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 |
| 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. |