Judge found a fatal error was made in failing to disclose questionnaire document to man’s legal team
The man, who cannot be identified due to anonymity protections for asylum seekers, came to Ireland more than a decade ago having married an EU citizen some years earlier.In a judgment published on Wednesday, Ms Justice Marguerite Bolger held that the International Protection Appeals Tribunal committed a fatal error in failing to provide the man’s legal team with a record from an early stage of his application.
While in prison he applied for international protection, claiming he would face threats to his life from his victim’s family if he returned to their country of origin. He has since been released determined the threat claimed was credible, but it refused to grant him protection because it found there was sufficient state protection in his home country.
The appeals tribunal did not find the man to be credible. While accepting the man “may have a subjective belief” his victim’s family might wish to harm him, it found there was an absence of “any credible evidence” of threats made towards his family back home.In his appeal to the High Court, the man claimed the tribunal breached a duty of co-operation by failing to tell him and his solicitor that there were two completed questionnaires it later relied on to deem he lacked credibility.
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