High Court upholds refusal to grant international protection due to inconsistencies in application.

Ms Justice O’Regan handed down a judgment in the High Court on 31 January 2025 on a judicial review taken by OM (the “Applicant”) against the International Protection Appeals Tribunal (IPAT) and the Minister for Justice. The Applicant sought to quash the decision of the IPAT in which it was determined that the Applicant was not entitled to international protection in Ireland.

The Applicant, a native of Botswana, applied for international protection in Ireland in November 2021, claiming that her boyfriend (“O”) was abusive throughout their relationship. Their relationship had commenced in 2018, and they had lived together, along with the Applicant’s son, until she fled to Ireland. She completed a questionnaire providing reasons for her claim of international protection upon her arrival in Ireland.

After interviewing the Applicant, it was discovered she had excluded several details regarding her relationship with O from the questionnaire, and that there were a number inconsistencies in her account.

The IPAT did not find the Applicant’s explanation for these inconsistencies credible. They had allowed three weeks for the Applicant to provide further documentation to support her claims. The Applicant did submit documentation and claimed there had been a breach of fair procedures when they were not referenced in the decision. The Court found that the documentation provided by the Applicant was not relevant and would have made no difference to the decision.

The Court held that the Applicant had not discharged the burden on her to secure the relief she claimed and was therefore refused.

 

Click here to read the judgment.

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