M (N) v Min for Justice & Refugee Appeals Tribunal (Zaiden)

JurisdictionIreland
JudgeMr. Justice Brian McGovern
Judgment Date07 May 2008
Neutral Citation[2008] IEHC 130
Date07 May 2008
CourtHigh Court
Docket NumberNo. 1388 J.R./2006

[2008] IEHC 130

THE HIGH COURT

No. 1388 J.R./2006
M (N) v Min for Justice & Refugee Appeals Tribunal (Zaiden)
JUDICIAL REVIEW

BETWEEN

N.M.
APPLICANT

AND

THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM AND DES ZAIDEN, TRIBUNAL MEMBER, REFUGEE APPEALS TRIBUNAL
RESPONDENTS

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(2)(a)

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(2)(b)

UNITED NATIONS MANUAL ON EFFECTIVE INVESTIGATION & DOCUMENTATION OF TORTURE & OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 1999 (ISTANBUL PROTOCOL)

IMMIGRATION LAW

Asylum

Credibility - Leave to apply for judicial review - Fair procedures - Whether finding on credibility ultra vires - Evidence - Medical reports supportive of applicant's claim furnished - Whether cogent reasons for rejecting medical reports furnished by Tribunal - Whether substantial grounds for contending that decision invalid - Leave to seek judicial review granted (2006/1388JR - McGovern J - 7/5/2008) [2008] IEHC 130

M(N) v Minister for Justice

Mr. Justice Brian McGovern
1

This is an application for leave to apply for Judicial Review by way of an order ofcertiorari quashing the decision of the second named respondent made on 6th October, 2005, refusing the applicant's application for refugee status and for an order of prohibition prohibiting the first named respondent from taking steps to deport the applicant pending the outcome of the enquiry into his claim for refugee status. The applicant also seeks other ancillary relief including an order extending the time for bringing the proceedings.

2

The legislation provides that an application for leave to apply for Judicial Review shall be made within a period of fourteen days commencing on the date on which the person was notified of the decision "… unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made". Section 5 (2) (a) Illegal Immigrants (Trafficking) Act, 2000.

3

The applicant was notified of the decision on 9th October, 2006, and the notice of motion granting the application was dated 23rd November, 2006, which is outside the time limit provided. An affidavit was submitted by Ms. Moira Shipsey, a solicitor of the Refugee Legal Service, outlining the steps taken by the applicant to process his claim for leave to apply for Judicial Review, and it is clear that he had formed an intention to challenge the decision of the Refugee Appeals Tribunal within time, and the delays in bringing the application were due to the processing of the claim through the Refugee Legal Service and the Legal Aid Board. A Legal Aid Certificate was required in order to obtain counsel's opinion and then when that opinion was obtained, it was necessary to obtain a further Legal Aid Certificate in order to initiate Judicial Review proceedings. Counsel for the respondents informed the Court that she was not opposing the application to extend time and I am satisfied that in the circumstances of this case there is good and sufficient reason for doing so. Accordingly, I extend the time for bringing this leave application.

4

The applicant sought asylum in this jurisdiction on 30th September, 2004. He claims to have been born in February 1973 in Ethiopia. He is married man with two children, a son born in October 1996 and a daughter born in December 1999 He says that he left Ethiopia on 22nd September, 2004, and arrived in Ireland on 27th September, having travelled first to Kenya and then on to Ireland through a country which he was not able to name. He claims to be a member of the Oromo Liberation Front (OLF) which is a group seeking independence from Ethiopia in order to preserve the culture and tradition of the Oromo people. In the questionnaire completed by him in his application for refugee status, he said that he was claiming fear of persecution on the grounds of religion and nationality. He said that he was a member of the OLF and was serving with them as a propagandist from 1994 until 2004. He claimed that his wife was imprisoned and his elder brother was killed. .

5

The applicant claimed that he was arrested by the authorities in Ethiopia on a number of occasions and that he was tortured, and he described the method of torture used. He says his wife was in prison and he didn't know whether she was dead or alive. She was arrested one month before his last detention which he claims to have been in October 2002. The applicant gave an account to the second named respondent that he was released from prison by a friend who raised bail money on his behalf. He says his friend was rich and had contacts. After his release, he claims to have gone back to his home but was unable to speak with other citizens, fearing that there were spies who would listen to his conversation. He did not attempt to relocate internally but left Ethiopia on 22nd September, 2004, and travelled to Kenya. His friend, who had organised his release from prison, organised his travel for him. He travelled to Dublin through an unknown country. He left his children in Ethiopia in the care of his mother in his home town.

6

The applicant...

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