Ireland - High Court, 9 December 2009, A.S.O v Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform [2009] IEHC 607
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What was at stake
EDAL summary. This case concerned the refusal of a Refugee appeal on the basis that Sate protection was available and/or that the applicant could relocate within Nigeria and avoid persecution. In support of the fi...
What the court decided
The High Court quashed the Refugee Appeals Tribunal's decision because the Tribunal relied on a UK Home Office Operational Guidance Note (OGN) that was not disclosed to the applicant, violating fair procedures under s. 16(8) of the Refugee Act 1996. The Court further held that assessing State protection availability requires examining whether an effective system for detection, investigation, prosecution and conviction exists in practice, not merely whether a police complaints procedure exists. The case was remitted for re-hearing.
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