BA v Refugee Applications Commissioner

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 21 November 2016
• Neutral Citation: [2016] IEHC 672
• Docket Number: [2016 No. 741 J.R.]
• Date: 21 November 2016

[2016] IEHC 672

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2016 No. 741 J.R.]

BETWEEN

B.A.

APPLICANT

AND

THE REFUGEE APPLICATIONS COMMISSIONER

RESPONDENT

Asylum, Immigration & Nationality – S. 5 of the Illegal Immigrants (Trafficking) Act, 2000 – Application for Judicial Review – New Information adverse to the applicant

Facts: The applicant sought leave to apply for judicial review against the decision of the respondent. The respondent interviewed the applicant in connection with his asylum claim, following which enquiries were conducted by the respondent, which had suggested the possession of additional personal identifying documents in the possession of the applicant. Subsequently, the respondent drew very significant adverse consequences. The applicant contended that the respondent was under duty to inform the applicant before making such adverse findings against him.

Mr. Justice Richard Humphreys granted leave to the applicant only on the ground that there was a failure by the respondent in not informing the applicant while scrutinising new information pertaining to the asylum claim of the applicant. The Court followed the view expressed in B.W. v. Refugee Appeals Tribunal (No. 2) [2015] IEHC 759 that where a decision maker came into possession of new information, which gave rise to ‘a material change, adverse to the applicant,’ then as a matter of generality, new information should be put to the claimant. The Court observed that there were substantial grounds for contending that the present case was one of the exceptional circumstances envisaged by Hedigan J. in B.N.N. v. Minister for Justice [2009] 1 I.R. 719 whereby a decision of the Commissioner could be challenged without the applicant having to exhaust the normal remedy of appeal to the tribunal. The Court refused the leave to pursue the remaining grounds.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 21st day of November, 2016

1 The applicant attended for interview with the Refugee Applications Commissioner in connection with his asylum claim on 9th November, 2015. Following that interview, the commissioner made enquiries with the applicant's bank and the Registrar of Civil Marriages. Those enquiries suggested that the applicant was in possession of additional personal identifying documents which he failed to disclose to the commissioner. The commissioner did not revert to the applicant for comment in relation to...