The Refugee Appeals Tribunal refused the applicant’s appeal on credibility grounds, finding that the applicant, who claimed a well-founded fear of persecution on account of her membership of the UFC in Togo, could not be believed in relation to a claim of rape and with regard to her description of her escape from persecution in Togo. The applicant sought to … Read More
RKS v Refugee Appeals Tribunal & Ors
| Respondent/Defendant: | Refugee Appeals Tribunal & Ors |
| Court/s: | High Court |
| Citation/s: | [2004] IEHC 436 |
| Judgment Date/s: | 09 Jul 2004 |
| Judge: | Peart |
| Category: | Refugee Law |
| Keywords: | Refugee, Refugee Law, Refugee Status |
| Country of Origin: | Togolese Republic |
| Principles: | Instinct or gut feeling that the truth is not being told is an insufficient tool for use by an administrative body such as the Refugee Appeals Tribunal. Conclusions must be based on correct findings of fact. Adverse credibility factors may not remove the possibility of future persecution where there remains relevant material evidence of such future persecution. The standard of proof for determining the chances of future persecution is less than the civil balance of probabilities. |