EDAL case summaries
Country of Decision: Ireland
Country of Applicant: Congo (DRC)
Keywords: Credibility assessment, Medical Reports/Medico-legal Reports, Subsidiary Protection, Indiscriminate violence, Delay
The High Court held that the Minister is entitled in a subsidiary protection application to rely on the findings made during the refugee status determination process unless these findings are legally wrong or the reasoning is defective. The Applicant cannot “collaterally attack” the findings of the Refugee Appeals Tribunal (RAT) (which have not otherwise been challenged) through a judicial review of the subsidiary protection decision. The lapse of time amounting to almost one year between the oral hearing by the RAT and the issuing of its decision, could not be challenged in the context...
Date: 23-03-2012
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