ED v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:Supreme Court
Citation/s:[2016] IESC 77
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2016
Judge:Clarke F.
Category:Refugee Law
Keywords:Asylum, Child, Discrimination (Direct), Discrimination (Indirect), Discrimination (Racial), Minor, Nationality (Ethnic), Persecution, Refugee, Refugee Law
Country of Origin:Serbia
URL:https://www.courts.ie/acc/alfresco/18079cc2-2bc5-4cbf-aeba-305bfade18c9/2016_IESC_77_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a child who applied for asylum on the basis of a well-founded fear of persecution if returned to Serbia on the basis of his Ashkali ethnicity. His application was rejected at first instance by the Refugee Applications Commissioner and on appeal to the Refugee Appeals Tribunal. Although it was accepted that the applicant would in all … Read More

Principles:

This decision establishes that discrimination can amount to persecution for the purposes of refugee status, especially where that discrimination was carried out by the State or condoned by the State by reason of lack of appropriate action. An overall assessment of the elements of discrimination is required in order to determine whether they cumulatively could be said to be sufficiently serious so as to amount to persecution.

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Spila v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2012] IEHC 336
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Jul 2012
Judge:Cooke J
Category:Citizenship, Naturalisation
Keywords:Alien, Citizenship, Citizenship (Acquisition of), Country of Birth, Nationality, Nationality (Ethnic), Naturalisation, Stateless Person
Country of Origin:Latvia (Ethnic Russian)
URL:https://www.courts.ie/acc/alfresco/031a0c42-4d25-441d-8bd1-460eb938823e/2012_IEHC_336_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicants were ethnic Russians born in Latvia and residing in Ireland from 1999 onwards. They applied for naturalisation as Irish citizens under the Irish Nationality and Citizenship Act 1956 (as amended). They described themselves in their application as “Latvian (ethnic Russian)”. However, under Latvian law they only had an entitlement to an “Alien’s passport” from the Latvian authorities, … Read More

Principles:

Having regard to the Minister’s absolute discretion under Section  15 of the 1956 Act* the mixed question of fact and law as to whether the applicants, in their particular personal circumstances, were stateless, was first and foremost a matter of policy for the Minister, and for him to decide that in the first instance. 

It is always possible to make a new application for naturalisation incorporating all new and relevant information and expert opinion relied upon, including as to issues of statelessness.

(* Regard should now be had to the decision of the Supreme Court in Mallak v Minister for Justice [2012] IESC 59, 6 December 2012, on the nature of the Minister’s ‘absolute’ discretion under s. 15 of the 1956 Act.)

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