Case No. UKUT-00453-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00453-(IAC)

Fecha: 03-May-2016

v Minister for Justice, Equality and Law Reform, Ireland, and another

(Case C-277/11); [2013] 1 WLR 1259) there is a shared responsibility between the appellant and the respondent at the initial fact-finding pre-decision stage of the proceeding with respect to ascertaining the facts to establish an asylum claim1. Yet in the appellant’s case the respondent had manifestly not made any inquiries relating to the appellant's nationality with the Ethiopian Embassy in London. Since the appellant had stated that she did not fear persecution in Ethiopia (only in Eritrea), there was no risk that inquiries would put her in jeopardy. Such inquiries of the Ethiopian Embassy could lawfully and reasonably have been made.