Case summaries
Ireland - B.L. (Nepal) v. Refugee Appeals Tribunal [2015 No. 2012 959 JR]
Country of applicant:
Nepal
Keywords:
Assessment of facts and circumstances, Country of origin information, Credibility assessment, Persecution Grounds/Reasons, Procedural guarantees, Relevant Facts, Relevant Documentation, Safe third country, Refugee Status, Obligation to give reasons
This Case examines the refusal to grant refugee status to a Nepalese national. The Tribunal failed to provide clear, cogent reasoning for the decision. Documentation and explanations provided by the Applicant were not included in the decision. Unreasonable assumptions were made by the Tribunal including: as the Applicant’s wife, children and brother were safely residing in the country of origin, this inferred that the Applicant could do the same; since the applicant spent 6 years living safely in India, he could continue to live there safely. The High Court criticised the procedural approach by the Tribunal and the lack of coherent reasoning provided. The High Court granted leave and quashed the Tribunal’s decision.
Date of decision:
28-07-2015