Case summaries
Ireland - High Court, S.U.N. v Refugee Applications Commissioner & ors [2012] IEHC 338
Country of applicant:
South Africa
The High Court held that in a case where a negative recommendation in a first instance application for asylum was based exclusively or primarily upon a finding of a personal lack of credibility, there is an obligation to allow an oral appeal in order to provide an "effective remedy," in the sense of Article 39 of the Asylum Procedures Directive, notwithstanding that the Applicant is from a “safe country” and the legislation allows for limiting an Applicant to a written appeal only in those circumstances. For the same reasons, to allow an oral appeal is also required by the right to fair procedures contained in Article 40.3 of the Constitution of Ireland.
Date of decision:
30-03-2012
Relevant International and European Legislation:
Art 2 (e),Art 30,Art 3,Recital 27,Recital 21,Art 15.3,Art 39.3,Annex II,Article 13