TF v Minister for Justice

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TF v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2023] IECA 183
Nature of Proceedings:Appeal
Judgment Date/s:20 Jul 2023
Judge:Ni Raifeartaigh U, Allen S, Butler N
Category:Refugee Law
Keywords:Country of Origin Information, Refugee Status (Withdrawal of)
Country of Origin:Romania
URL:https://courts.ie/acc/alfresco/5e6dced8-d446-478c-815b-f7d9bc245133/2023_IECA_183.pdf/pdf#view=fitH

Facts: The appellant was a Romanian national of Roma ethnicity who arrived in Ireland in 2001 and was granted refugee status in 2004 on the basis that he had suffered persecution at the hands of the Romanian police on account of his ethnicity. He became a naturalised Irish citizen in 2015. In 2010, a European Arrest Warrant was issued by … Read More

Principles:In order to make a valid decision to revoke a person’s refugee status there must be an individualised assessment not just of the general circumstances in the country of origin but also of the factors relied upon by the individual at the time they were granted asylum.
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M.H. v International Protection Appeals Tribunal and the Minister for Justice and Equality

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Respondent/Defendant:International Protection Appeals Tribunal, Minister for Justice and Equality
Court/s:High Court
Citation/s:[2023] IEHC 372
Nature of Proceedings:Appeal (Judicial Review)
Judgment Date/s:28 Jun 2023
Judge:Phelan S.
Keywords:Asylum, Asylum application (Examination of an), Country of Origin, Country of Origin Information, Credibility, European Asylum Support Office (EASO), Evidence, Persecution
Country of Origin:Pakistan (Occupied Azad Kashmir)
URL:https://courts.ie/view/judgments/bc91937d-81fc-4abe-9312-2356dd985614/93b49e82-f206-411e-bd67-1165e9194eb1/2023_IEHC_372.pdf/pdf

Facts: The applicant was a Pakistani national who identified as Kashmiri. The applicant and his family were activists with the Jammu Kashmir Liberation Front (JKLF). He fled Kashmir and applied for international protection in Ireland, initially under the Refugee Act 1996 and then under the International Protection Act 2015. His application for refugee status was refused under the Refugee Act … Read More

Principles:Documentation submitted to support an international protection application must be assessed regardless of the credibility findings on an application. Less weight may be given to these documents in light of a lack of credibility but the documents must be assessed.
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T (Russian Federation) v International Protection Appeals Tribunal

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T (Russian Federation) v International Protection Appeals Tribunal
Respondent/Defendant:International Protection Appeals Tribunal
Court/s:High Court
Citation/s:[2023] IEHC 271
Nature of Proceedings:Appeal
Judgment Date/s:25 May 2023
Judge:Simons G
Category:Asylum
Keywords:Country of Origin Information, Exclusion Clauses, Persecution, Refugee Law, Refugee Status
Country of Origin:Russia
URL:https://www.courts.ie/view/judgments/0bf80c1a-a406-4ddb-92e4-27f7e8e6cd53/209fff5c-8269-41cb-a5ea-68555cd35fe7/2023_IEHC_271.pdf/pdf

Facts: The applicant was an adult male from the Caucasus region and was Muslim. He applied for international protection in Ireland on the basis that he was being targeted by the Federal Security Service (“FSB”) of the Russian Federation and that the FSB had made false accusations of terrorism against him because of his failure to co-operate with them. In … Read More

Principles:In order to make a valid finding that a person is excluded from refugee status there must be an individualised assessment of the nature of the alleged conduct and the applicant’s responsibility for same. Decision makers must distinguish between various stages of a criminal procedure when assessing what weight should be given to documents such as search warrants.
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MAH v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2021] IEHC 302
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Apr 2021
Judge:Burns T
Category:Deportation
Keywords:Asylum, Country of Origin Information, Deportation Order, European Convention on Human Rights (ECHR), Refoulement (Non-), Refugee
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/62760bea-78ce-44be-a54a-e592ecbb8bd0/2020_IEHC_302.pdf/pdf#view=fitH

Facts: The applicant was a Somali national who had studied medicine in Ukraine. Upon completion of her studies, she returned to Somalia where she worked as a junior doctor. During this time, the applicant was subjected to threats from a fundamentalist group and so she fled to Ukraine through renewing her student visa. Upon the expiry of her student visa, … Read More

Principles:In making a deportation order, the Minister for Justice was obliged to consider whether country of origin information was capable of rebutting of the presumption that another Member State upholds fundamental rights. The Minister for Justice was not entitled to dismiss an applicant’ s employment prospects on the basis that she did not hold a work permit or immigration permission.
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GO v Minister for Justice and Others

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Respondent/Defendant:Refugee Applications Commissioner, Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 646
Nature of Proceedings:Judicial Review
Judgment Date/s:07 Oct 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Country of Origin Information, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/462d09c5-5fd6-49a9-bebd-e5e05e2b4cf7/2015_IEHC_646_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant, a national of Nigeria, applied for asylum in Ireland. Having investigated his application, the Refugee Applications Commissioner recommended that he be refused refugee status. The applicant sought to challenge this by way of judicial review, contending that there was a legal obligation on the part of a decision-maker to consult relevant general and/or specific country of origin … Read More

Principles:

Protection decision-makers do not have to consider country of origin information in cases where the applicant’s claim lacks subjective credibility. EU law does not require judicial review to be available as a matter of course against first instance protection decisions.

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GAA v Refugee Applications Commissioner, the Minister for Justice and Equality, Ireland and the Attorney General

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Respondent/Defendant:Refugee Applications Commissioner, the Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 519
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Jul 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Burden of Proof, Country of Origin Information, Refugee
Country of Origin:Togo
URL:https://www.courts.ie/acc/alfresco/85575384-0ba5-4a2b-8061-9a2ea3bb2ec2/2015_IEHC_519_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant claimed to be a national of Togo and sought asylum in Ireland. She claimed to fear persecution in Togo on the ground of political opinion, arising out of her alleged membership of the Union of Forces of Change (“UFC”). She said that in 2005 and 2010 she was arrested physically maltreated by state forces. She said that … Read More

Principles:

No provision of Irish or European Union law required an assessment of country of origin information in every case.
If a protection applicant wished to make out a claim on judicial review that reg. 5(1)(a) of the EC (Eligibility for Protection) Regulations 2006, or cognate provisions, have been breached, it is incumbent on him or her to inform the court what “relevant fact” has not been assessed by the decision-maker.

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PO and Another v Minister for Justice and Equality and Others

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Respondent/Defendant:Minister for Justice and Equality, Ireland and Attorney General
Court/s:Supreme Court
Citation/s:[2015] IESC 64
Nature of Proceedings:Appeal
Judgment Date/s:16 Jul 2015
Judge:MacMenamin, Laffoy and Charleton JJ.
Category:Deportation
Keywords:Child, Country of Origin Information, Deportation, Deportation Order, Minor
Country of Origin:Nigeria
URL:https://www.courts.ie/search/judgments/%22%20type%3AJudgment%22%20AND%20%22filter%3Aalfresco_radio.title%22%20AND%20%22filter%3Aalfresco_NeutralCitation.%5B2015%5D%20IESC%2064%22
Geographic Focus:Ireland

Facts: The appellants were a mother and her nine year old son. Both of them were Nigerian nationals, although the son had been born in Ireland. They both applied unsuccessfully for refugee status, after which proposals to make deportation orders issued to them. They did not make representations for leave to remain and the Minister for Justice decided to make … Read More

Principles:

The Minister for Justice is entitled to source country of origin information when assessing a request to revoke a deportation order and does not necessarily have to bring it to the applicant’s attention, e.g. where it is in the public domain.

The Minister does not need to prepare guidelines for dealing with revocation requests from non-nationals born in Ireland. Each case should be assessed on its own merits.

Non Irish nationals who create uncertainty as to their status within a Contracting State, by claiming asylum rights that are unfounded, cannot rely on mere presence to invoke rights under article 8 ECHR. When considering the interaction of the two paragraphs of article 8 ECHR, a wide margin of appreciation is afforded to decision-makers in deciding whether or not to deport non Irish-nationals. The rights of children are, save for extraordinary circumstances, dependent upon the approach of the parent who made claims on those children’s behalf.

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AS v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 417
Nature of Proceedings:Judicial Review
Judgment Date/s:07 Jul 2015
Judge:Stewart J.
Category:Deportation
Keywords:Country of Origin Information, Deportation, Deportation Order
Country of Origin:Bangladesh
URL:https://www.courts.ie/acc/alfresco/6107ef1d-b6db-4bc3-92ca-b2c9dfd7a5c1/2015_IEHC_417_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a national of Bangladesh who unsuccessfully applied for asylum in Ireland and later became the subject of a deportation order. He claimed to have been a political activist in Bangladesh and to have been forced into hiding to escape the attentions of the authorities after he organised a secret opposition meeting. He omitted to mention that … Read More

Principles:

Where an applicant seeking to set aside a decision like the affirmation of a deportation order has relied in the revocation application upon assertions which are the same as assertions which underpinned earlier, unchallenged, unsuccessful applications for, for instance, protection, then he must set out some basis for contending that those decisions were wrong in order to be successful at the hearing.

An application for revocation of a deportation order must, in order to be successful, disclose new or changed circumstances. It is not permissible to withhold information and disclose it at a later stage in support of such an application.

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CFA (a minor) v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 702
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Jun 2015
Judge:Faherty J.
Category:Refugee Law
Keywords:Country of Origin Information, Minor, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/9e2e8666-c56c-45e0-b87a-574d5fecffe8/2015_IEHC_702_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was born in Ireland to Nigerian parents. Her mother claimed that she would be subject to female genital mutilation (FGM) and discriminated against on the basis of her single parent status in Nigeria. Her mother had previously unsuccessfully claimed asylum in the State. Having investigated her claim, the Refugee Applications Commissioner made a negative recommendation on it, … Read More

Principles:

Delay on the part of Irish-born children in applying for asylum cannot be the subject of a negative credibility finding under s. 11B(d) of the Refugee Act 1996.

When assessing credibility on an application for refugee status, a decision-maker should not necessarily draw negative inferences based on discrepancies between the ASY1 form and the questionnaire.

Where an applicant fears a particular form of ill-treatment, such as FGM, a decision-maker who is minded to find that internal relocation is available to such a person should establish if the ill-treatment is against the law in the place of relocation.

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SFA (a minor) and AA v Refugee Applications Commissioner

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Respondent/Defendant:Refugee Applications Commissioner, Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 364
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Jun 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Country of Origin Information, Minor, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/3538ea46-78d3-46c9-9ec6-d0ee862aaf30/2015_IEHC_364_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants, Nigerian nationals, were daughter and mother respectively. The second named applicant (mother) claimed asylum based on a fear of persecution by the Muslim family of the father of the first named applicant (her daughter). She stated that the family objected to their inter-religious relationship and that they burned down her house and shop. The application was rejected … Read More

Principles:

Judicial review will generally not lie against decisions  of a first instance protection decision-maker where it has made errors within jurisdiction.

Where a protection applicant considers that evidence has not been taken into account by a decision-maker, he or she must establish the existence of that evidence, show how it was relevant to the claim, and how the failure to take it into account has materially prejudiced him or her.

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AD v Refugee Appeals Tribunal and Another

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2015] IEHC 268
Nature of Proceedings:Judicial Review
Judgment Date/s:03 Jun 2015
Judge:Faherty J.
Category:Refugee Law
Keywords:Country of Origin Information, Refugee
Country of Origin:Iran
URL:https://www.courts.ie/acc/alfresco/a02105d7-effe-451f-a400-5e642c8a6d93/2015_IEHC_268_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was an Iranian national of Kurdish ethnicity who claimed asylum in Ireland. He worked as a mechanic in a garage. One day he took delivery of a car for repair. It transpired that the car had been used in anti-government operations and his employer was subsequently arrested. The applicant’s uncle told him that the Iranian authorities had … Read More

Principles:

Where a document is relevant to the disposal of an asylum claim and it is considered by the Refugee Appeals Tribunal not to be one to which much weight can be given on account of apparent discrepancies in it, it may be necessary to ask the Refugee Applications Commissioner to investigate the matter under s. 16(6) of the Refugee Act 1996.

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JO v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 249
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Apr 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Country of Origin Information, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/f8de3d23-29a5-45e1-b854-1b6e16c27e18/2015_IEHC_249_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a citizen of Nigeria who claimed asylum in Ireland on the ground of a fear of persecution by her father who had tried to force her to marry his business partner. She claimed that she had escaped to Lagos where she met a stranger who decided to help her and organised her travel to Ireland. Having … Read More

Principles:

Where evidence relied upon in a protection application is central to that claim and is rejected, a protection decision-maker has to set out the reasons why. Where country of origin information submitted by an applicant is of a general nature and in part supports it, a protection decision-maker is entitled to prefer the opposite case without parsing all the nuanced differences in the information. Where it contradicts a material part of a claim, it can be relied upon provided reasons are given.

When deciding whether internal relocation is reasonable for an applicant, it is appropriate to have regard to the fact that the applicant has already relocated internally in his or her country or origin.

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AA (Nigeria) v Minister for Justice, Equality and Law Reform, the Refugee Appeals Tribunal, Ireland and the Attorney General

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Respondent/Defendant:Minister for Justice, Equality and Law Reform, the Refugee Appeals Tribunal, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 210
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Mar 2015
Judge:Eagar J.
Category:Refugee Law
Keywords:Asylum, Country of Origin Information, Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/3b68f25b-8289-4af6-bdb9-d8361f7a4376/2015_IEHC_210_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant in AA (Nigeria) v Refugee Appeals Tribunal [2015] IEHC 47 sought a certificate of leave to appeal to the Court of Appeal against the decision of the High Court there refusing him leave to challenge the Tribunal’s refusal of his application for refugee status on the basis that the judgment involved a point of law of exceptional … Read More

Principles:

A certificate of leave to appeal to the Court of Appeal from the refusal of the High Court to quash a decision of the Refugee Appeals Tribunal can only be granted where there is a point of law of exceptional public interest and where it is in the public interest that a certificate be granted.

There is no basis for granting a certificate on the basis that the Tribunal allegedly erred in not consulting country of origin information where the subjective claim for asylum was so lacking in credibility that there was no need for the Tribunal to have done so before rejecting it. No point of law of exceptional public importance arises in such a case.

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UOA (Nigeria) v Refugee Appeals Tribunal and Minister for Justice and Equality

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 179
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Mar 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Country of Origin Information, Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/3475c72b-5956-4ff1-a0fe-d351e5e563d1/2015_IEHC_179_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian. His mother, a Muslim, married the applicant’s father, a Christian, in 1992, and both of them applied unsuccessfully for asylum in Ireland. In his asylum application, he claimed that were he returned to Nigeria, he would face persecution as a result of being the offspring of a mixed religious marriage and would suffer discrimination … Read More

Principles:

Discrimination on the basis of a disability will not necessarily amount to persecution on a Convention ground.

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AS v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 178
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Mar 2015
Judge:Stewart J.
Category:Deportation
Keywords:Country of Origin Information, Deportation
Country of Origin:Bangladesh
URL:https://www.courts.ie/acc/alfresco/b64b904c-cf40-4f71-9094-b37d69be71e7/2015_IEHC_178_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a national of Bangladesh who unsuccessfully applied for asylum in Ireland and later became the subject of a deportation order. He claimed to have been a political activist in Bangladesh and to have been forced into hiding to escape the attentions of the authorities. He omitted to mention that he had been granted two visas to … Read More

Principles:

Where an applicant has obtained leave to challenge a decision to affirm a deportation order and wishes to obtain an injunction enjoining his deportation pending the substantive hearing, he must still show  that, on an arguable grounds basis, there is a credible basis for suggesting that he would be at real risk of significant harm on deportation.

Where an applicant for such an injunction relies on assertions to support it which are the same as assertions which underpinned earlier, unsuccessful applications for, for instance, protection, then he must set out some basis for contending that those decisions were wrong.

Lack of candour permeating an injunction application may result in the relief sought being refused.

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SK and Another v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 176
Nature of Proceedings:Judicial Review
Judgment Date/s:06 Mar 2015
Judge:Faherty J.
Category:Refugee Law
Keywords:Country of Origin Information, Minor, Refugee
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/8aeeb521-a4d1-4c46-bc48-5c8439d522e3/2015_IEHC_176_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were mother and daughter and nationals of Pakistan. The first applicant applied for asylum in Ireland and claimed fear of persecution in Pakistan on the ground that she had abandoned her Islamic religion. This led to rows with her parents, who forced her into an arranged marriage with a man who was abusive and controlling. She went … Read More

Principles:

When making a negative assessment of credibility, a decision-making body should be careful to ensure observance of fair procedures and, where necessary, to enable an applicant to comment on any credibility concerns it might have.

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MPA (Cameroon) and OA (Cameroon) (A minor suing by her mother and next friend MPA) v Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Attorney General and Ireland

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 31
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Jan 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Country of Origin Information, Minor, Persecution, Refugee
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/29779903-d5fe-4247-b195-2b800995b86a/2015_IEHC_31_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were a mother and her daughter. They were nationals of Cameroon, who arrived in Ireland and applied for asylum. The mother stated she was raped by her father, and conceived her daughter as a result. This was considered an abomination. The rapist committed suicide, following which she was accused of witchcraft and her daughter demanded for sacrifice. … Read More

Principles:

A decision-maker should make clear and reasoned findings on the credibility of the core of a claim for international protection in the light, where relevant, of country of origin information.

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MAI v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 623
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Dec 2014
Judge:Faherty J.
Category:Refugee Law
Keywords:Country of Origin Information, Refugee
Country of Origin:Iraq
URL:https://www.courts.ie/acc/alfresco/248cc09a-27b9-4422-8c79-8f893e2f63ca/2014_IEHC_623_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was an Iraqi national who claimed asylum in Ireland. He worked as a shepherd in Ninewa province and was approached by a number of terrorists who wanted him to park a car bomb outside a police station. He agreed to meet them another day about this. He subsequently told his mother what had happened, and then went … Read More

Principles:

Protection decision-makers should ensure that applicants appearing before them who are unable to communicate through English have an appropriate interpreter which will enable them to do so. Failing to ensure this is the case may result in their decisions being based on inaccurate information and hence liable to being set aside by way of judicial review.

Such decision-makers should, in general, also be careful to assess claims for protection in the light of country of origin information. If they decline to give any weight to evidence furnished to them by an applicant, they should set out a reasoned basis for this.

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ZK v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Nov 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Country of Origin Information, Persecution, Protection (International), Refugee
URL:https://www.courts.ie/acc/alfresco/8b890159-5a9d-4ba5-831a-5d5b52c68fd7/2014_IEHC_543_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Georgian national who arrived in Ireland and sought asylum. He claimed to fear persecution in Georgia on the basis of his homosexuality. He claimed that he had suffered discrimination and persecution there in the past, which culminated in an attack which resulted in his being injured and his partner killed. He said that the police … Read More

Principles:

Where an applicant for international protection claims to be in fear of persecution or serious harm on the ground that he is homosexual, then a clear finding must be made by a protection decision-maker as to whether or not that claim is believed.

Where it is alleged that the state condones the persecution of or infliction of serious harm on homosexuals, then a decision-maker must examine whether or not country of origin information supports that claim. If such a decision-maker wishes to prefer one piece of country of origin information over another when ruling on that question, it must give logical reasons for doing so.
[2014] IEHC 543.

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CC v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform, Attorney General and Ireland

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform, Attorney General and Ireland
Court/s:High Court
Citation/s:[2014] IEHC 491
Nature of Proceedings:Judicial Review
Judgment Date/s:28 Oct 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Country of Origin Information, Persecution, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/7975512d-cb56-4333-9ed9-c41f2e2e1a44/2014_IEHC_491_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian national. He claimed asylum in Ireland and maintained that he had a fear of persecution arising out of his homosexuality, which he became aware of around 2004. He said that he had been repeatedly beaten in Nigeria on account of it and barred from his church. His family turned against him and threatened to … Read More

Principles:

Where an applicant claims to be homosexual and to fear persecution or serious harm in his country of origin, it is incumbent on a protection decision-maker to make a finding as to whether that claim is credible. If it is, then the assessment laid down by the British Supreme Court in in HJ (Iran) v. Secretary of State for the Home Department [2012] UKSC 31 should be carried out.

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