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25/07/2022
IE: The High Court granted certiorari and held that the International Protection Appeals Tribunal failed to assess a new claim concerning political activity as a negative credibility finding was done when the applicant admitted to having lied about his first claim concerning persecution.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Other EU legislation; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Ireland, High Court, S v International Protection Appeals Tribunal & Anor, [2022] IEHC 458, 25 July 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3101
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


The applicant was a Georgian national who initially claimed to be LGBT. The applicant was found not to be credible in this claim by the International Protection Office (IPO). At the Tribunal hearing, the applicant admitted he lied about his LGBT claim but stated he had previously been attacked by members of a political party in Georgia.


The Tribunal raised negative credibility findings against the applicant given the false LGBT claim and rejected his credibility.


The Court found the Tribunal did not engage in a consideration of the new claim about the alleged political activity. The Court noted that the Tribunal stated that it had “considered” the applicant’s claim but section 28(2) of the the International Protection Act requires an “assessment” of the claim. The Court observed that it would have been within jurisdiction for the Tribunal to consider the credibility of the applicant’s new claim in reference to his general credibility, to include his admitted false claim. The Court found the Tribunal erred in not assessing the new claim at all.


Certiorari granted.


 
Country of Decision
Ireland
Court Name
IE: High Court
Case Number
[2022] IEHC 458
Date of Decision
25/07/2022
Country of Origin
Georgia
Keywords
Assessment of Application
First Instance determination
Gender identity / Gender expression / Sexual Orientation / SOGIESC
Political opinion