S. (T.R.) v. Minister for Justice, Equality and Law Reform

MR. JUSTICE T.C. SMYTH DELIVERED HIS JUDGMENT ON FRIDAY, THE 4 TH DAY OF OCTOBER 2002

The Applicant elected to proceed to interview without either an interpreter or a legal representative � neither were ever denied to her and there was no unfairness to her in this regard. Indeed, she exercised her entitlement to add to the questions specifically asked and stated that she would like to have her case looked at and that she had lost her family and that living here (in Ireland) is a lovely life and that if she does go back to Nigeria there is nothing to go back to (she gave up or abandoned her own business as a hair-dresser when she had 15/20 customers per day to come to Ireland).

Section 12 of the Refugee Act 1996 had not been brought into force when the decisions on this application were made and, accordingly, there are no valid grounds of relief disclosed in the notice herebefore referred to. The Act, insofar as that section is concerned, became operative on 20 th November 2000.

The Applicant also sought to rely on the case of Youngstown Co. -v- Sawyer (United States Reports Vol. 343 Term 1951, p.579). Indeed, the opinion of the court is expressed in the judgment of Frankfurtur J. at p.593, et seq, and in particular at p.609 he stated that:-

In my judgment, the passage just cited is contra to the very case being made by the Applicant.