Ireland - High Court, 9 December 2009, A.S.O v Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform [2009] IEHC 607

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 happened

The Nigerian applicant sought asylum in Ireland in 2006, claiming persecution by creditors linked to the Oodua People’s Congress. The Refugee Applications Commissioner refused her claim, but the Refugee Appeals Tribunal reversed the credibility finding and concluded that state protection was available and that she could relocate within Nigeria. The Tribunal’s decision relied on a UK Home Office Operational Guidance Note that was not disclosed to the applicant, leading her to argue that she was denied a fair hearing.

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.

How the court got there

The High Court quashed the Tribunal’s decision because it breached the procedural guarantee under s. 16(8) of the Refugee Act 1996 by failing to disclose the Operational Guidance Note, depriving the applicant of an opportunity to comment on the information. Moreover, the Court held that assessing state protection requires evidence of an effective system for detection, investigation, prosecution, and conviction of crimes, not merely the existence of a police complaints procedure.

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