Ireland - High Court, 5 February 2010, S.O. (a minor) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform [2010] IEHC 151
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What was at stake
EDAL summary. This case concerned the treatment of evidence from unaccompanied minors. The applicant was an unaccompanied minor from Afghanistan. He claimed asylum on the basis of a fear of persecution both by the...
What the court decided
The High Court found that the Refugee Appeals Tribunal's decision was flawed because it relied on impermissible speculation and conjecture regarding the applicant's prospect of state protection, failed to properly assess the applicant's credibility by not considering his age and maturity, and did not afford him a fair hearing. The Tribunal should not base credibility decisions on speculation and must liberally apply the benefit of the doubt to unaccompanied minors.
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