High Court grants extension of time but dismisses asylum applicant's judicial review on fair procedure grounds.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe High Court granted the applicant an extension of time to file the judicial review application, which was uncontested. The applicant, a Nigerian national, challenged a refusal of asylum based on a recommendation that his claim lacked credibility, arguing the Refugee Application Commissioner failed to put crucial country of origin information to him fairly. The court found the information was not critical to the decision and concluded the proceedings were conducted within powers and with fair procedures.
Regesto Legislator
Generato dall'IAs. 33 of the Immigration Act 2004; s. 34 of the Immigration Act 2004: A court may grant an extension of time for filing a judicial review application, but a refusal of asylum based on a recommendation is valid if the country of origin information was not crucial to the determination and fair procedures were observed.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IATesto completo
Neutral Citation Number: [2007] IEHC 339
THE HIGH COURT
JUDICIAL REVIEW
[2006 No. 457 J.R.]
BETWEEN
P.R.E.
APPLICANT
AND
THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM
AND THE REFUGEE APPLICATION COMMISSIONER
RESPONDENTS
Judgment of Mr. Justice Paul Butler delivered the 17th day of October, 2007.
1. The Applicant seeks an extension of time within which to bring this application. The same is not opposed and I grant the necessary
extension.
2. The Applicant is a Nigerian national who sought asylum in Ireland on or about 1st March, 2006. Following interviews with the
second named Respondent his application was refused as a result of a recommendation made in a report of the Respondent of 14th
March, 2006.
3. The Applicant has exercised his right of appeal against that decision and his appeal has been put in abeyance pending these
proceedings. It is clear from the foregoing report that the basis of the said recommendation of a finding that the Applicant’s claim
lacked credibility and that on the facts of the case taken with available country of origin information and the Applicant’s testimony,
he did not have a well-founded fear of persecution in Nigeria.
4. The Applicant objects to the recommendation on the basis of a want of fair procedures and, in his written submissions, he quotes
at length from the decision of Clarke J. in Idiakheua v. Minister for Justice, Equality and Law Reform (High Court, 10th May, 2005).
The principle finding in that decision is that “if a matter is likely to be important to the determination of the R.A.T. then that matter
must be fairly put to the applicant so that the applicant will have an opportunity to answer it”. Clarke J., at p. 10 of that judgment
goes on to say:
“In setting out the above I wish to make it clear that the obligation to fairly draw the attention of the applicant or
applicant’s advisers to issues which may be of concern to the Tribunal arises only in respect of matters which are of
substance and significance to and in relation to the Tribunal’s determination. White J. in Nguedjo came to the view he did
because, on an analysis of his determination of the Commissioner in that case he was satisfied that the matter not put ‘is
or has been so crucial to the determination made in this particular case’.”
5. It is very clear from the recommendation that the country of origin information was neither crucial nor critical in coming to the
determination made. I am satisfied that the recommendation was made intra vires and observing fair procedures.
6. By reason of the foregoing I refuse the application.