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
CB (DR Congo) v Refugee Appeals Tribunal
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 |
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. |