EDAL case summaries
Country of Decision: Ireland
Country of Applicant: Nepal
Keywords: Assessment of facts and circumstances, Country of origin information, Credibility assessment, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Refugee Status, Relevant Documentation, Relevant Facts, Safe third country
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...
Date: 28-07-2015