Pakistani family wins challenge on refugee application

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The woman came to Ireland from the UK after leaving an allegedly violent husband

Up to 150 other cases could be affected by the judgement from the Court of Appeal, which today ruled the Refugee Appeals Tribunal had wrongly concluded it had no power to exercise the discretion afforded to EU member states to consider such applications on compassionate or humanitarian grounds.

Today, the Court of Appeal allowed their core appeal and ruled the High Court erred in upholding the RAT decision. The Pakistani woman claimed she arrived in the UK in early 2014 under a spousal visa which expired in May 2015. She and the children came here the following month when she applied for refugee status, alleging a fear of persecution if she and the children were returned to Pakistan.

The central question in this case was what body of person in Ireland is responsible for exercise of that discretionary power, she said.

 

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