| BB v IPAT and Anor [2026] IEHC 450 | The tribunal must engage with an oral-hearing request and give reasons for departing from the statutory default. | The Court applied this principle and found insufficient engagement here. [11][46][47][48] |
| O'Flynn Capital Partners v Dún Laoghaire Rathdown County Council [2016] IEHC 480 | A defective initial decision may “taint” subsequent decision-making. | The papers-only determination tainted the later substantive assessment. [49] |
| R.A. v RAT [2017] IECA 297 | Principles governing judicial review of credibility findings. | The Court adopted the approach that it must review legality of the process, not substitute its own credibility assessment. [50][51][52] |
| I.R. v Minister for Justice [2009] IEHC 353; [2015] 4 I.R. 144 | Credibility must be assessed rationally, fairly, on correct facts and by reference to the evidence as a whole. | The principles guided the Court’s limited review of credibility. [53][54][55][56] |
| S.K. v IPAT and Ors [2021] IEHC 781 | The accelerated procedure applies where Georgia is designated a safe country of origin. | The Court accepted that s. 43 applied to the appeal. [57] |
| G.A. & N.G. v IPAT and Ors [2022] IEHC 440 | The default under s. 43 is a papers-only appeal, and written procedures may provide a meaningful opportunity to present evidence. | The Court accepted the statutory default but required individualised consideration of the hearing request. [58][59][60][61] |
| East Donegal Co-Operative Ltd. v Attorney General [1970] I.R. 317 | Statutory procedures and discretions must conform to constitutional basic fairness. | This principle informed the requirement that the hearing request be considered fairly and reasonably. [62] |
| K.S. v The IPAT and Ors [2026] IEHC 13 | There is no fixed rule for oral hearings; cases fall along a factual spectrum. | The Court stressed the need to examine the individual circumstances. [63] |
| A.P. v DPP [2011] IESC 2; [2011] 1 I.R. 729 | The parameters of judicial review are defined by the relevant pleadings and documents. | The Court rejected the Respondents’ objection to the pleaded hearing ground. [64][65] |
| VZ v Minister for Justice [2002] 2 I.R. 135 | Authority considered in relation to oral hearings and credibility. | It formed part of the IPAT’s cited jurisprudence, but the Court found that generic citation did not replace engagement with the Applicant’s facts. [66][67] |
| SUN (South Africa) v RAC [2012] IEHC 338; [2013] 2 I.R. 555 | Authority considered in relation to the hearing question. | It was among the authorities repeated in the IPAT decisions. [66] |
| VJ v Minister for Justice [2019] IESC 75 | Authority considered in relation to oral hearings. | It was cited by the IPAT as part of its general legal framework. [66] |
| MOOS v RAC & Anor [2008] IEHC 399 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [66] |
| AW v ORAC [2013] IEHC 71 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [66] |
| MARA (Nigeria) (an Infant) v Minister for Justice and Equality [2014] IESC 71; [2015] 1 I.R. 561 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [66] |
| SHI v IPAT [2019] IEHC 269 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [66] |
| TB v IPAT [2022] IEHC 275 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [66] |
| ZK v Minister for Justice [2023] IECA 254 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [68] |
| MA v RAT [2015] IEHC 528 | A papers-only appeal may make adverse credibility findings without first putting every inconsistency to the applicant. | The Court relied on this principle in its hypothetical assessment of the credibility challenge. [68][69][70][71][72] |
| FP v IPAT [2022] IEHC 535 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [68] |
| CC v IPAT [2023] IEHC 636 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [68] |
| GR & Ors v IPAT [2023] IEHC 638 | Authority considered in relation to oral hearings. | It was among the authorities cited by the tribunal member. [68] |
| S v IPAT [2025] IEHC 4 | Lack of corroborative evidence may be an issue for the applicant and advisers rather than a new matter requiring prior notice. | The Court treated the credibility reasoning as falling within this category. [73] |
| H v IPAT [2024] IEHC 598 | Similar principle concerning lack of corroborative evidence. | The Court relied on it in its obiter credibility analysis. [73] |
| Morchiladze v IPAT and Ors [2021] IEHC 732 | Section 28(7) is a “lifeboat provision” subject to statutory conditions, and core claims may require supporting documentation. | The Court used the reasoning in assessing the Applicant’s evidential deficiencies. [74][75][76] |
| S.H.I. v IPAT (No. 2) [2019] IEHC 269 | The applicant has a shared duty to cooperate and is not a passive participant. | The principle supported the Court’s obiter assessment of the evidence. [77][69] |
| A.C. v Refugee Appeals Tribunal & Anor [2007] IEHC 369 | The applicant is not a passive participant in establishing relevant facts. | It was cited within the shared-duty principle. [69] |
| J.H. (Albania) v IPAT [2018] IEHC 752 | Rejecting credibility in the absence of documentary evidence is not necessarily a breach of s. 28(7); that provision applies only where general credibility is established. | The Court cited it in its hypothetical analysis. [78][79] |
| Rana and Ali v Minister for Justice [2024] IESC 46 | Reference to assessment of submitted documents may be sufficient where no evidence displaces that statement. | The Court found no evidence displacing the IPAT’s statement that it assessed the documents. [80][81] |
| Balz v An Bord Pleanála [2019] IESC 90; [2023] 3 I.R. 751 | Authority referred to in relation to assessment of documents. | It was cited through the reasoning in Rana and Ali. [80] |
| G.K. v Minister for Justice [2002] 2 I.R. 418; [2002] 1 ILRM 401 | Authority referred to in relation to assessment of documents. | It was cited through the reasoning in Rana and Ali. [80] |