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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KS and MHK v International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate General and RAT and DS v Minister for Justice and Equality (Joined Cases C-322/19 and C-385/19)

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KS and others v International Protection Appeals Tribunal and Minister for Justice and Equality and others
Respondent/Defendant:Minister for Justice and Equality, Advocate General and the International Protection Appeals Tribunal
Court/s:Court of Justice of the European Union (CJEU)
Citation/s:ECLI:EU:C:2021:11
Nature of Proceedings:Preliminary Reference
Judgment Date/s:14 Jan 2021
Judge:Piçarra N (Rapporteur)
Category:Refugee Law
Keywords:Asylum, Common European Asylum System (CEAS), Dublin Regulation, Employment, Reception Conditions, Refugee Law
Country of Origin:Pakistan, Bangladesh, Iraq
URL:http://curia.europa.eu/juris/document/document.jsf?text=&docid=236427&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=1675215

Facts: KS, MHK, RAT and DS applied for international protection in Ireland between 2015 and 2018. They were subsequently issued with transfer decisions to other Member States pursuant to the Dublin III Regulation 604/2013, which they appealed. In the interim, all four applicants had been refused permission to access the labour market due to the exclusion of persons in Dublin … Read More

Principles:-          Where a national court is interpreting provisions of the recast Reception Conditions Directive, account must be taken of the recast Asylum Procedures Directive, even where the Member State has not opted into that legislation.
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Agha v Minister for Social Protection; Osinuga v Minister for Social Protection

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Respondent/Defendant:Minister for Social Protection
Court/s:Court of Appeal
Citation/s:[2018] IECA 155
Nature of Proceedings:Appeal
Judgment Date/s:06 May 2018
Judge:Hogan G.
Category:Citizenship, Refugee Law
Keywords:Asylum, Child, Citizenship, Citizenship (Acquisition of), Discrimination (Indirect), Equal Treatment (Principle of), Immigration, Migrant (Irregular), Refugee, Refugee Law
Country of Origin:Afghanistan, Nigeria, Ireland
URL:https://www.courts.ie/acc/alfresco/1117d422-fc42-41fe-8c30-88f03e2d04a5/2018_IECA_155_1.pdf/pdf#view=fitH
Geographic Focus:Other

xAgha v Minister for Social Protection; Osinuga v Minister for Social Protection Agha; Osinuga Minister for Social Protection Facts: The appellants were two sets of parents who were refused payment of child benefit due to their immigration status. In the Agha case, the parents were Afghan nationals who arrived in Ireland in 2008. They lived in direct provision and had … Read More

Principles:

There was no objective justification for the statutory exclusion of an Irish citizen resident in the State from eligibility for child benefit prior to the grant of status to her mother in January 2016. Accordingly, this statutory exclusion constituted a breach of the equality provisions of Article 40.1 of the Constitution.

The statutory requirement that a qualifying parent for the purposes of social welfare payments must also have a legal entitlement to reside in the State was not unconstitutional. The key issue was that of citizenship. The Oireachtas was entitled to attach conditions to the eligibility for social welfare of a non-national whose entitlement to reside in the State was contingent on a statutory entitlement. However, social welfare was payable in respect of a person from the date of the grant of refugee status in accordance with Article 28 of the Qualification Directive and insofar as Irish law precluded this payment based on the status of the child’s parents, this was incompatible with EU law.

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BW v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Court of Appeal
Citation/s:[2017] IECA 296
Nature of Proceedings:Appeal
Judgment Date/s:15 Nov 2017
Judge:Peart M.
Category:Refugee Law
Keywords:Asylum (Application for), Protection (Application for International), Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/d350b5b9-b21e-4d90-81dc-c43f7a116232/2017_IECA_296_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant came to Ireland from Nigeria in 2007. She applied for refugee status in 2011. Her application was unsuccessful. She appealed to the first respondent. The appeal was a papers only appeal. The appeal was unsuccessful. The Refugee Appeals Tribunal made adverse credibility findings based on matters that had not been put to the applicant and concluded that … Read More

Principles:

Where an issue of concern emerged for the first time on a papers only appeal in relation to a matter which the appellant had not already had a fair opportunity to address and that concern was in relation to something material to the basis on which asylum was being sought, and therefore to the decision whether or not she be granted a declaration of refugee status, the appellant was as a matter of fair procedures entitled to an opportunity to address it before any adverse finding of credibility was made against her.

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FF v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Court of Appeal
Citation/s:[2017] IECA 273
Nature of Proceedings:Appeal
Judgment Date/s:25 Oct 2017
Judge:Finlay Geoghegan M.
Category:Refugee Law
Keywords:Asylum, Protection (Application for International), Refugee, Refugee Law, Stateless Person
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/318af6e0-f050-45db-b8e0-08c467775cdc/2017_IECA_273_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was born in Cameroon in 1965. He worked as a journalist and with an NGO and claimed to have experienced persecution in Cameroon, including arrest, detention and torture. He fled to Nigeria in 1999 and was recognised as a refugee there in 2001. He claims to have been threatened by a Cameroonian diplomat in Nigeria, and in … Read More

Principles:

The Qualification Directive in using the term “a stateless person” in the definition of “refugee” in Article 2(c) is using this term to connote the second category of persons referred to in the definition of refugee in the Geneva Convention, namely persons “not having a nationality”. This meant a person who was de jure stateless but did not include a person who was de facto stateless.

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NVH v Minister for Justice and Equality and the Attorney General

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NVH v Minister for Justice and Equality: Supreme Court ruling on ban on asylum seekers looking for work
Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2017] IESC 35
Nature of Proceedings:Appeal
Judgment Date/s:30 May 2017
Judge:O'Donnell D.
Category:Employment, Refugee Law
Keywords:Asylum, Charter of Fundamental Rights of the European Union, Employment, European Convention on Human Rights (ECHR), Pull Factor, Refugee, Refugee Law
Country of Origin:Burma
URL:https://www.courts.ie/acc/alfresco/553e0e20-ac4a-48e6-a4fa-fef5638377ac/2017_IESC_35_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: Section 9 of the Refugee Act 1996 provided that a person seeking asylum is entitled to enter the State and remain while the application for refugee status is processed. Section 9(4) also provided however, that an applicant shall not seek or enter employment before final determination of his or her application for a declaration. Pending the determination of an … Read More

Principles:

The absolute prohibition on asylum seekers seeking employment,  coupled with the absence of a maximum time limit on the processing of asylum applications, meant the prohibition was in breach of the constitutional right to seek employment.

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SO v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2017] IEHC 255
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Apr 2017
Judge:Keane D.
Category:Refugee Law
Keywords:Protection (International), Refugee, Refugee Law
Country of Origin:Guinea
URL:https://www.courts.ie/acc/alfresco/1185c326-a62a-4965-915e-bcd7e301145a/2017_IEHC_255_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a Guinean national who applied for refugee status in the State. She claimed to have worked as a secretary in the accounting/finance department of the Guinean National Assembly, and that she fled Guinea after a military coup fearing persecution. Her application was refused at first instance and on appeal. Although the Tribunal accepted her general credibility, … Read More

Principles:

This decision provides guidance to protection decision-makers dealing with claims based on imputed political opinion and the correct approach to risk assessment in such cases.

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AO v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Citation/s:[2017] IECA 51
Nature of Proceedings:Appeal
Judgment Date/s:27 Feb 2017
Judge:Hogan G.
Category:Refugee Law
Keywords:Protection, Protection (Actors of), Refugee, Refugee Law
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/60f58660-ca51-428a-9c4c-2ba6a53d7276/2017_IECA_51_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a Nigerian national who was born in May 1991. She arrived in the State on 9 January 2007 when she was 15 years old and applied for asylum. The applicant claimed to been threatened with forced marriage and attempted rape. She said she was given assistance by the African Refugee Foundation (“AREF”) before ultimately leaving Nigeria. … Read More

Principles:

This decision establishes that a decision-maker is not obliged as a general rule to conduct his or her own investigations in order to establish the authenticity of a document relied on by an applicant for international protection.

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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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NM (DRC) v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Citation/s:[2016] IECA 217
Nature of Proceedings:Appeal
Judgment Date/s:14 Jul 2016
Judge:Hogan G.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), International, Refugee, Refugee Law
Country of Origin:Democratic Republic of Congo
URL:https://www.courts.ie/acc/alfresco/39ffa121-61be-48e0-8b54-0eda39069cfe/2016_IECA_217_1.pdf/pdf#view=fitH
Geographic Focus:International

Facts: The applicant was from the Democratic Republic of Congo. She arrived in Ireland and claimed asylum in 2008. Having been refused refugee status, she was issued with a deportation order. The applicant subsequently applied to the Minister for Justice for re-admission to the asylum process pursuant to s.17(7) of the Refugee Act 1996 (as amended) on the grounds that … Read More

Principles:

The decision of the Court of Appeal in NM (DRC) v Minister for Justice clarified that judicial review is an adequate remedy in respect of a decision to refuse readmission to the asylum process, and there is no requirement for there to be an independent appeal against such a decision.

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BDR v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2016] IEHC 274
Nature of Proceedings:Judicial Review
Judgment Date/s:25 May 2016
Judge:Faherty M.
Category:Refugee Law
Keywords:Asylum, Protection (International), Refugee, Refugee Law, Stateless Person
Country of Origin:Bhutan
URL:https://www.courts.ie/acc/alfresco/61b87a1a-bde6-4b76-93c2-9c03819acb17/2016_IEHC_274_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was born in Bhutan to parents of Nepalese ethnicity. He claimed he had been denied citizenship of Bhutan because of his ethnicity and that his family home had been attacked and his parents killed. He subsequently left Bhutan and went to live in India where he lived for a number of years, before ultimately arranging with a … Read More

Principles:

The decision in BDR establishes that a stateless asylum seeker with more than one country of former habitual residence is not required to prove a well founded fear of persecution in every country of former habitual residence in order to be recognised as a refugee. It is sufficient that the asylum seeker has a well founded fear in one country of former habitual residence and that the asylum seeker is unable or unwilling to return to any of the other countries of former habitual residence. 

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

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Respondent/Defendant:Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 237
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Mar 2015
Judge:Faherty J.
Category:Deportation
Keywords:Asylum, Deportation, Member State (Remain in the), Minor, Nationality, Protection (Subsidiary), Refugee, Refugee Law
Country of Origin:Somalia / Tanzania
URL:https://www.courts.ie/acc/alfresco/08ce8a40-8de1-4fca-a174-c97f11cbf4ad/2015_IEHC_237_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first applicant claimed to be a Somali national of the Bajuni tribe. She sought asylum in Ireland saying that she had suffered persecution on Chula Island in Somalia, which took the form of two attacks against her. She claimed to have left Chula after the first attack on her family and to have gone to Tanzania where an … Read More

Principles:

When assessing the nationality of an applicant for international protection, a protection decision-maker is entitled to have regard to information which reliably indicates that the applicant possesses has another identity and nationality and has not been candid in making the application. If it is proposed to treat the applicant has having a different nationality to the one claimed by him or her, the decision-maker should put the information which has prompted such a course of action to the applicant for comment.

Unless an applicant puts cogent evidence forward to explain how he or she appears to have a different nationality to the one claimed, and why it would be incorrect to treat him or her as having that nationality, the decision-maker does not have to give express reasons for rejecting such evidence. The decision-maker, having rejected the claimed nationality, does not have to prove that the applicant has a particular nationality.

The fact that a language analysis report may cast doubt on the proposal to treat the applicant as having a particular nationality is not decisive, particularly if it casts doubt on the claimed nationality. Such a report is merely one piece of evidence to be considered in the round.

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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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