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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M.Y. v the International Protection Appeals Tribunal & anor

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M.Y. v the International Protection Appeals Tribunal & anor
Respondent/Defendant:The International Protection Appeals Tribunal and the Minister for Justice
Court/s:High Court
Citation/s:[2022] IEHC 345
Nature of Proceedings:Judicial review
Judgment Date/s:13 May 2022
Judge:Ferriter J.
Category:International protection, Refugee Law
Keywords:Asylum Applicant, Burden of Proof, Country of Origin, Deportation Order, Persecution, Refugee (Convention)
Country of Origin:Algeria
URL:https://courts.ie/view/judgments/d67b3aa8-41b1-495e-bdf7-8a8f182e1cec/0473cf81-9c10-40c0-b260-8c64e64cd1bd/2022_IEHC_345.pdf/pdf

Facts: The applicant was a member of the Berber Amazigh people, an ethnic minority in Algeria and supported the ideals of the Berber separatist MAK movement. He travelled to the UK on a short-term visa in 2013 and remained there after its expiry. In 2018, he travelled to Ireland and applied for international protection. The IPO recommended that he not … Read More

Principles:When refusing an application under section 28(6) of the International Protection Act 2015, the core elements of the provision should be assessed. Albeit obiter, Ferriter J stated that the UK Supreme Court’s ruling in HJ (Iran) can be applied to Convention grounds other than those that relate to sexual orientation and HJ (Iran) should be applied carefully to the facts of the case when remitted for fresh consideration.
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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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GB v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2016] IEHC 517
Nature of Proceedings:Judicial Review
Judgment Date/s:29 Jul 2016
Judge:Humphreys R.
Category:Refugee Law
Keywords:Asylum, Persecution, Persecution (Acts of), Refugee, Refugee (Convention), Refugee Law
Country of Origin:Moldova
URL:https://www.courts.ie/acc/alfresco/1ed6199f-45a8-4fc9-9fb0-387d2cdfd1b3/2016_IEHC_517_1.pdf/pdf#view=fitH

Facts: The applicant was a member of the social liberal party in Moldova, which was an opposition party to the ruling communist party. The applicant was elected mayor of his area. In that capacity he was accused of corruption in 2004 as part of a series of measures which were taken against opposition politicians in Moldova. He was provisionally suspended … Read More

Principles:

The decision in GB is significant as it sets out the three part test that must be applied by protection decision-makers in deciding whether prosecution amounts to persecution. The decision also finds that due process on an appeal cannot remedy the fact that the initial prosecution was discriminatory. 

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AON v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2016] IEHC 465
Judgment Date/s:29 Jul 2016
Judge:MacEochaidh C.
Category:Refugee Law
Keywords:Asylum application (Examination of an), Persecution, Protection (Application for International), Refugee, Refugee Law
Country of Origin:Uganda
URL:https://www.courts.ie/acc/alfresco/2fd8ac77-0cde-45ea-8180-48a12280718d/2016_IEHC_465_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a Ugandan national who applied for refugee status in the State. She claimed that she was detained in 2007 and 2011 because of her involvement in politics, and that while in detention she was physically abused and sexually assaulted. She submitted a medical report in support of her claim which noted that she exhibited scars typical … Read More

Principles:

A refugee decision maker is entitled to make findings as to credibility based on demeanour provided these are fully explained and based on accurate observation. A medical report is not evidence of past persecution or past serious harm; such a report can only describe the injury and whether the injury observed is consistent with the narrative of the claimant.

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SJL v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Citation/s:[2016] IECA 47
Nature of Proceedings:Appeal
Judgment Date/s:26 Feb 2016
Judge:Ryan S.
Category:Refugee Law
Keywords:Asylum, Persecution, Refugee, Refugee (Convention), Refugee Law
Country of Origin:China
URL:https://www.courts.ie/acc/alfresco/8b8a8456-9db7-485f-9a30-41915cd5dcd9/2016_IECA_47_1.pdf/pdf#view=fitH

Facts: The applicants were a Chinese husband and wife from Fujian province. The wife was born in 1975 and the husband in 1977. She gave birth to a son in August 1998, in secret, because the father was not then at the minimum age to marry which was 22 years. They married in January 1999, when he had reached the … Read More

Principles:

The decision in SJL is significant because it rejects the narrow or strict interpretation of the concept of “membership of a particular social group” in favour of a broader and more generous interpretation. 

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GH (a minor) v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice and Equality, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 583
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Sep 2015
Judge:Eagar J.
Category:Refugee Law
Keywords:Child, Minor, Persecution, Refugee
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/c4dc03f2-1a9f-4efb-8c7f-3c6b9797f7cb/2015_IEHC_583_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant and her mother arrived in Ireland from Pakistan and claimed asylum on the basis of fear of persecution as Ahmadi Muslims. Their applications were unsuccessful before the Refugee Applications Commissioner and the Refugee Appeals Tribunal. The applicant, who was seven years old, challenged the Tribunal’s decision, which considered her to be an “unexceptional Ahmadi” and therefore not … Read More

Principles:

When the Refugee Appeals Tribunal is hearing an appeal taken on behalf of a minor, it should assume a greater share of the burden of proof, and when considering whether feared ill-treatment constitutes persecution, it should bear in mind that a child might more easily satisfy the persecution requirement of the refugee definition than an adult.

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SO 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 286
Nature of Proceedings:Judicial Review
Judgment Date/s:11 May 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Persecution, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/39a8d575-1074-430b-a6dc-198f837282fb/2015_IEHC_286_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a national of Nigeria, claimed asylum in Ireland and contended that, if returned to Nigeria, he would face court martial and imprisonment for 21 years if apprehended by the army, and/or assassination. He stated that he was a lance corporal in the Nigerian army for many years and that his problems began when he and three … Read More

Principles:

Where it is put to an asylum applicant that he or she is facing prosecution and not persecution, then in order to qualify for refugee status, he or she must show that the potential punishment for the crime in question would be excessive or disproportionate to the point of amounting to persecution. It is not sufficient for them merely to contend that that would be the case without evidence to that effect, or by arguing that the provisions under which he or she would be so punished are secret or not publicly available.

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HJE (Nigeria) 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 189
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Mar 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/9d2a33b1-4c21-4e96-9781-1b58f2a5be1d/2015_IEHC_189_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian national who applied for asylum in Ireland. He claimed that his father was heir apparent to a tribal throne and that, as his eldest son, he was next in line to it. He said that the tribal king died and that his life was then in danger because some of the villagers did not … Read More

Principles:

A protection decision-maker will be entitled to reject an application for international protection where the application contains material inconsistencies, provided it sets out a reasoned basis in its decision for doing so.

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

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 155
Nature of Proceedings:Judicial Review
Judgment Date/s:11 Mar 2015
Judge:Eagar J.
Category:Refugee Law
Keywords:Asylum, Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:http://www.courts.ie/Judgments.nsf/0/18BB6466AF58CED380257E1500568904
Geographic Focus:Ireland

Facts: The applicant was a citizen of Nigeria who arrived in Ireland in 2010 and applied for asylum. She claimed that her brother-in-law had sought her land in Nigeria after her husband died in 2008. However, she sold the land and, using the proceeds, left Nigeria. She feared that her brother-in-law would kill her on account of having sold the … Read More

Principles:

Domestic disputes will not necessarily give rise to valid claims for refugee status.

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HAA (Sudan) v Refugee Appeals Tribunal, Minister for Justice and Equality, Attorney General and Ireland

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice and Equality, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 144
Nature of Proceedings:Judicial Review
Judgment Date/s:05 Mar 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Persecution, Refugee, Refugee Law
Country of Origin:Sudan
URL:https://www.courts.ie/acc/alfresco/e7825082-04fc-44f6-8848-d953c0395583/2015_IEHC_144_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant claimed to be a Sudanese national and a member of the Nubian ethnic group. He said that he had opposed the building of a dam along with a Nubian political party. This drew the adverse attention of the authorities and resulted in his arrest and imprisonment. He was released on condition that he refrain from campaigning against … Read More

Principles:

Where the subjective credibility of a claim for international protection is lacking, there is no need for a decision-maker to carry out a forward-looking test to establish if the applicant would be at risk of persecution or serious harm.

The weight to be attached to evidence, including medical evidence, is a matter for the decision-maker.

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DA (A minor) v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice and Equality, Ireland and Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 208
Nature of Proceedings:Judicial Review
Judgment Date/s:04 Mar 2015
Judge:Eagar J.
Category:Refugee Law
Keywords:Child, Minor, Persecution, Refugee
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/6f531f88-08af-4e8f-aa08-a9a57ac50c3f/2015_IEHC_208_1.pdf/pdf#view=fitH

Facts: The applicant was born in Ireland to parents from Pakistan who claimed to be Ahmadi Muslims. Application for asylum was made on her behalf on the basis of fear of persecution as an Ahmadi Muslim. It was said that her father was a preacher in Pakistan and that, when she grew up, she would become a preacher too. Similar … Read More

Principles:

The decision constitutes the application in Irish law of the decision of the CJEU in C-71/11 and C-99/11 Y and Z v. Germany and, as such, provides important guidance for asylum decision-makers on the extent to which freedom of religion may be subject to acts of persecution.

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C-472/13: Andre Lawrence Shepherd v Bundesrepublik Deutschland

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Respondent/Defendant:Bundesrepublik Deutschland
Court/s:ECJ
Citation/s:C-472/13
Nature of Proceedings:Premilinary reference to CJEU
Judgment Date/s:26 Feb 2015
Judge:R. Silva de Lapuerta, President of the Chamber, K. Lenaerts, Vice-President of the Court, acting as a Judge of the Second Chamber, J.-C. Bonichot (Rapporteur), A. Arabadjiev and J. L. da Cruz Vilaça, Judges
Category:Refugee Law
Keywords:Persecution, Refugee
Country of Origin:USA
URL:http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30d501ceae4dfd6a46019b86b5bf05600df6.e34KaxiLc3qMb40Rch0SaxuSbNr0?text=&docid=162544&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=258468
Geographic Focus:Europe

Facts:The applicant was an American serviceman who was based in Germany and was a helicopter maintenance mechanic. After being ordered to go to Iraq, he claimed asylum in Germany because he considered the war there to be illegal and giving rise to war crimes. He claimed, in essence, that because of his refusal to perform military service in Iraq, he … Read More

Principles:

This decision provides important clarification for the Irish asylum authorities on the circumstances in which refusal to perform military service will expose an applicant for asylum to persecution. It also sets out criteria by reference to which a claim that participation in military service will entail the facilitation of war crimes can be assessed.

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SH, IH and SKF v Refugee Appeals Tribunal, Minister for Justice and Law Reform, Attorney General and Ireland

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice and Law Reform, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 98
Nature of Proceedings:Judicial Review
Judgment Date/s:18 Feb 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum Seeker (Secondary Movement of), Persecution, Refugee, Refugee Law
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/d5e04c7e-6406-4226-be8a-30f4bff8899f/2015_IEHC_98_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were husband, wife and daughter. They were Pakistani nationals. The marital couple claimed to have married in 1992 and to have been persecuted since then because the husband and wife were Shia and Sunni Muslims respectively, and in marrying him, the wife had rejected an arranged marriage. The husband and wife claimed that each of them has … Read More

Principles:

Where an appellate decision-maker on an international protection is dealing with an appeal on the papers, he or she must give careful consideration to the evidence, including country of origin information and medical evidence.

When deciding a claim, a decision-maker must weigh any explanations given for apparent inconsistencies in their behaviour or their claim and, if rejecting it, give reasons.

When assessing the viability of internal relocation, a decision-maker may occasionally have to identify a specific area of relocation and examine inter alia whether or not it would be reasonable for the applicant to move there to escape persecution or serious harm.

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TU, GDU (a minor) and GBU (a minor) v Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

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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 61
Nature of Proceedings:Judicial Review
Judgment Date/s:06 Feb 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Minor, Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/96333086-abf0-4f23-a1c4-84d7c876a0f0/2015_IEHC_61_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first and second applicants were born in Nigeria, the third applicant in Ireland. The first applicant was the other applicants’ mother. They applied for asylum in the State. In the claim, it was alleged that the second applicant had been forcibly circumcised at the family home in Nigeria in accordance with the traditional practices and beliefs of his … Read More

Principles:

Credibility findings made by a decision-maker on an application for international protection must be clear and reasoned.

When applying the sub-paragraphs of s. 11B of the Refugee Act 1996 in assessing credibility, reasons should be set out for doing so.

Where documentary evidence in support of an application for international protection is accepted as being authentic, reasons must be set out for not giving it weight in determining the application.

Traditional circumcision is capable of constituting a “serious assault” within the meaning of s. 2 of the Refugee Act 1996.

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BY (Nigeria) 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 60
Nature of Proceedings:Judicial Review
Judgment Date/s:05 Feb 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/661b73cd-0157-4b4c-b377-841bc8b4c1ce/2015_IEHC_60_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian national who alleged that she was a policewoman there who had been forced to flee Nigeria as a result of being repeatedly targeted by a criminal gang, which had allegedly killed her mother, husband and daughter. She arrived in Ireland and sought asylum. Her only evidence of identity was a Nigerian police warrant card. … Read More

Principles:

Where an appeal against a first instance decision recommending refusal of an application for international protection is on the papers only, an appellate decision-maker who wishes to make findings that were not made by the first instance decision-maker should ensure that fair procedures are observed and that an applicant has an opportunity of making submissions on the considerations giving rise to those findings.

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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 47
Nature of Proceedings:Judicial Review
Judgment Date/s:04 Feb 2015
Judge:Eagar J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Persecution, Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/6a48849d-2dd3-4693-970b-a72fad0fb325/2015_IEHC_47_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a citizen of Nigeria who arrived in Ireland in 2009 and applied for asylum in 2010 after being apprehended by the Gardaí in the course of routine duties. In his ASY1 form, he indicated that he had come to Ireland for medical assistance. In his questionnaire, he mentioned family problems and health problems. Only during his … Read More

Principles:

Lack of candour by a person when making an application for international protection may be taken into account by a protection decision-maker when assessing credibility.

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