O. (J.) v. Minister for Justice, Equality & Law Reform & Ors

The applicant is a Nigerian National who says that he arrived in Ireland in March, 2004. He further says that he remained illegally in this State until September, 2004 when, while attempting to travel to the United Kingdom in possession of a false international student card, he was apprehended at Dublin Airport. He alleges that he became ill, was taken to Beaumont Hospital was later taken back to the airport where he was interviewed by a member of the Garda National Immigration Bureau. It was at that stage that he made an application for refugee status.

The immigration officer, Detective Garda Noone, avers that, despite being asked, the applicant refused to give him (Detective Garda Noone) his address or details of any addresses at which he had resided during the period in which he had been in the State. The applicant alleges that that refusal to furnish an address was due to his fear that the friends with whom he was staying would get into trouble.

Further the applicant originally swore that when making out his application for refugee status he was not given any notification of documentation advising him of his obligations. It did, however, later emerge (affidavit of John Cunnane) that the applicant actually signed a receipt of notice of his obligations under s. 9(4A) dated 4 th September, 2004.

Section 13(2) of the Act provides that where an application for a declaration is withdrawn or deemed to be withdrawn pursuant to s. 9 or s. 11, then �

(b) The report referred to in subsection (1) shall state that the application is being withdrawn or deemed to be withdrawn, as the case may be, and shall include a recommendation that the applicant concerned should not be declared to be a refugee, and