Ireland - High Court quashes Tribunal decision refusing adjournment concerning discrepancies with translation, A.P. (Albania) -v- Refugee Appeals Tribunal

Monday, December 15, 2014

The case concerns an Albanian national who had applied for asylum on the basis of a blood feud between his family and another following the death of the latter’s son. In response to the Refugee Appeals Tribunal decision refusing asylum, the High Court has held that the Tribunal had erred in not granting an adjournment to the applicant after the allocated interpreter to the case did not have the same dialect as the applicant and thus inconsistences within the testimony were clearly prevalent. The High Court consequently held that “if an applicant cannot make himself properly understood, he would be at a disadvantage in putting his case before the Tribunal… a fundamental element in the right to fair procedures enjoyed by the applicant.”

In light of an interpretative error concerning the applicant’s fear of persecution the High Court held that this was a significant element in the finding of lack of credibility on the part of the applicant and thus quashed the decision of the Tribunal, remitting the application for a fresh hearing.

12 December 2014                                      

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Credibility assessment