Judgment: 2014-02-27 · Court archive

High Court refuses leave to challenge asylum decisions over age assessment and paper appeal

The court found no flaw in the age assessment or in the Refugee Applications Commissioner’s decision that led to a paper-only appeal, and said there were no special circumstances for a late challenge.

High Court · [2014] IEHC 90

Who, what, where, when and why

Who
  • Refugee Appeals Tribunal
  • Ireland (Respondent)
What

The court found no flaw in the age assessment or in the Refugee Applications Commissioner’s decision that led to a paper-only appeal, and said there were no special circumstances for a late challenge.

Where

Places mentioned in the report

  • Nigeria
  • Ireland
When

Judgment:

Other dates in the report
  • 17 December 2008; 23 March 2009

    The mother, a Nigerian national, said she entered Ireland on 17 December 2008 as an unaccompanied 17-year-old. She said her uncle had raped her and threatened to harm her and her baby, prompting her to flee Nigeria. Her daughter was born in Ireland on 23 March 2009. The daughter’s refugee claim was based on her mother’s.

Why

Reasons reported in the judgment

The High Court has refused a mother and daughter leave to seek judicial review of decisions refusing them refugee status, rejecting challenges to the mother’s age assessment and to a finding that resulted in a paper-only appeal.

The High Court has refused a mother and daughter leave to seek judicial review of decisions refusing them refugee status, rejecting challenges to the mother’s age assessment and to a finding that resulted in a paper-only appeal.

In a judgment delivered on 27 February 2014, Mr Justice Mac Eochaidh said the Commissioner had acted within jurisdiction in rejecting the mother’s birth certificate as evidence of her age because it could not be authenticated. The court noted that the Commissioner had said a reassessment could be considered if she provided an authenticatable biometric document or medical evidence, but no such evidence, or evidence of an attempt to obtain it, was submitted.

The mother, a Nigerian national, said she entered Ireland on 17 December 2008 as an unaccompanied 17-year-old. She said her uncle had raped her and threatened to harm her and her baby, prompting her to flee Nigeria. Her daughter was born in Ireland on 23 March 2009. The daughter’s refugee claim was based on her mother’s.

The applicants argued that the age assessment and refusal to reassess were inadequately reasoned. They also challenged the Commissioner’s finding under section 13(6)(b) of the Refugee Act 1996, which led to their appeals being heard on the papers rather than orally. They said the finding was made mechanically and without proper consideration of discretion.

The judge rejected both complaints. He found the reasons for refusing reassessment were clear and that the Commissioner had considered the mother’s evidence before concluding that her statements were vague, incomplete or contradictory and that her application was manifestly unfounded. He found no illegality in making the section 13(6)(b) finding.

The court also held that the applicants had not shown the “special circumstances” needed to challenge an earlier Commissioner decision after the Refugee Appeals Tribunal had already determined the appeal. The judge noted that a new age assessment could have been pursued before the Tribunal, but was not.

The ruling concerned leave to seek judicial review. The court formally refused leave; it did not grant the applicants refugee status or make a new determination of their protection claims.

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