S.A. (Zimbabwe and South Africa) v the Chief International Protection Officer & ors

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Respondent/Defendant:The Chief International Protection Officer, the Minister for Justice and the International Protection Appeals Tribunal
Court/s:High Court
Citation/s:[2024] IEHC 477
Judgment Date/s:04 Jul 2024
Judge:Gearty, M.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Country of Birth, Country of Nationality, Country of Origin, Country of Origin (Safe), Protection (Application for International), Protection (International), Representative
Country of Origin:Zimbabwe, South Africa
URL:https://www.courts.ie/acc/alfresco/13442135-40a9-4b2f-8fd9-5282947d2db3/2024_IEHC_477.pdf/pdf#view=fitH

Facts: The applicant came to Ireland from South Africa and submitted an application for international protection. This application was refused on the basis that she was from South Africa and she could return there safely. The IPO made a preliminary decision on her nationality being South African based on her answers to the questionnaire, which she completed three days after … Read More

Principles:Where an applicant for international protection has two sets of identity paper it is incumbent on the decision maker to assess the documents and to consider the explanation given by the applicant and give an accurate recitation of the underlying facts and documents.
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A.J.A. v Minister for Justice and Equality

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AJA v the Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Nov 2022
Judge: Simons G.
Category:Naturalisation
Keywords:Citizenship, Citizenship (Acquisition of), Country of Nationality, Naturalisation
Country of Origin:Somalia
URL:https://courts.ie/acc/alfresco/ed387a08-4017-4bec-9a04-a43dab31dfff/2022_IEHC_624.pdf/pdf#view=fitH

Facts: The applicant was a national of Somalia who applied for naturalisation in Ireland. The naturalisation application included a Somalian passport in the applicant’s name. The applicant’s solicitor subsequently informed the Minister of the circumstances in which the passport was obtained and submitted that the applicant was unsure as to its genuineness. It was submitted that she obtained the passport … Read More

Principles:Where there are serious and damaging allegations in a submission or recommendation used to make a decision such as that on a naturalisation application, basic fairness and natural justice requires that any information that may assist in dispelling concerns about an applicant’s good character should be highlighted for the decision maker.
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NzN v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 31
Nature of Proceedings:Appeal
Judgment Date/s:27 Jan 2014
Judge:Clark J.
Category:Refugee Law
Keywords:Country of Nationality, Country of Origin, Nationality, Refugee, Refugee Status
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/a5972f99-df90-47f5-966e-cbd41f55a144/2014_IEHC_31_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The appellant (Nz.N) sought to overturn a decision by the Minister for Justice to revoke her declaration of refugee status by way of statutory appeal to the High Court pursuant to the provisions of the Refugee Act 1996. She sought asylum in December, 2005 and had been declared a refugee in February, 2006. Her infant son, whom she claimed … Read More

Principles:

Under s. 21(1)(h) of the Refugee Act 1996 and reg. 11(2)(b) of the EC (Eligibility for Protection) Regulations 2006, the powers of the court on an appeal against a revocation of refugee status entail determining whether the decision to revoke the declaration was correctly made and should be confirmed, or whether it was wrong and should be withdrawn. The court can consider all the evidence which was before the Minister and hear oral evidence from the appellant and any witnesses called by either party in determining the appeal. The court can come to its own view as to whether the decision to revoke was appropriate or should be withdrawn. The court does this on the evidence which was before the Minister and any additional evidence presented on the appeal.

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CB (DR Congo) v Refugee Appeals Tribunal

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DR Congo
Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2012] IEHC 487
Nature of Proceedings:Judicial Review
Judgment Date/s:26 Jun 2012
Judge:Clark J
Category:Refugee Law
Keywords:Asylum (Application for), Asylum application (Examination of an), Country of Nationality, Country of Origin Information, Gender, Geneva Convention & Protocol, Nationality, Persecution, Persecution (Acts of), Protection (Application for International), Refugee, Refugee (Convention), Refugee Law, Sex
Country of Origin:Democratic Republic of Congo (DR Congo)
URL:https://www.courts.ie/acc/alfresco/99f30cf3-a5d8-4363-a135-9f214e3da2a1/2012_IEHC_487_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was a national of the Democratic Republic of Congo (DR Congo). She claimed that she came from South Kivu province in eastern DR Congo and that she had suffered arrest, detention, beating and rape because of her activities in organising a small informal group whose purpose was to educate people about rape and warn against the activities … Read More

Principles:

It is arguable that where specific elements of a claim are not specifically rejected and there is well documented evidence of gender-based persecution, on which submissions are put to the Tribunal, it ought to apply a forward looking assessment of risk, based on the elements inter alia of gender and nationality.

The Tribunal must investigate or assess the possible risk to an applicant as a member of a particular social group, where there is information that gender is a relevant contributory factor in sexual violence suffered by women and that such violence has a differential impact on women.

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Tahir v Registrar for County Cork

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Respondent/Defendant:Registrar for County Cork
Court/s:High Court
Citation/s:[2012] IEHC 191
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Feb 2012
Judge:Hedigan J
Category:Citizenship
Keywords:Country of Nationality, Nationality, Non-national
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/34baf877-a0d7-4b84-a54e-2e72fb52ebcd/2012_IEHC_191_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant claimed to be a national of Somalia and applied for asylum in the State. Her application was refused. A short time later she and the second applicant decided to marry.  They were advised of an appointment to meet the Registrar in order to fulfil the necessary requirements for their three month notification of their intention to marry. … Read More

Principles:

In order to fulfil the necessary requirements for the three month notification of an intention to marry, evidence of identity is required under Section 46(7) of the Civil Registration Act 2004.

It is not a breach of fair procedures for a registrar to require a person to submit evidence of identity and an identity document such as a passport and it is open to a registrar to consider whether or not the requirements of Section 46(7) have been met.

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