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Ireland - High Court, 31 July 2009, E.M.M. v Refugee Appeals Tribunal, [2009] IEHC 356
Country of applicant: Congo (DRC)

This case concerned a challenge to the Tribunal’s conduct of a asylum appeal hearing (alleged pre-judging of the case against the applicant due to an argument with the applicant’s lawyer) as well as the Tribunal’s reasoning (alleged flaws in credibility analysis and failure to share investigative burden with the applicant, as required by UNHCR handbook). The challenge was unsuccessful.

Date of decision: 31-07-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3 (a),UNHCR Handbook,Para 196,Para 46