The Applicant claimed to be a national of Togo who had been tortured as a result of his political activities. The Refugee Applications Commissioner recommended that he not be granted refugee status and this recommendation was affirmed by the Refugee Appeals Tribunal (RAT). The Applicant sought leave to judicially review the decision of the RAT on the grounds, inter alia, … Read More
FV v Refugee Appeals Tribunal (Ricardo Douardo) and Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Refugee Appeals Tribunal; Ricardo Dourado; Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2009] IEHC 268 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 28 May 2009 |
| Judge: | Irvine J. |
| Category: | Refugee Law |
| Keywords: | Refugee |
| Country of Origin: | Togo |
| URL: | https://www.courts.ie/acc/alfresco/b7cdc2f4-21f3-479a-beb6-5a90b778d505/2009_IEHC_268_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| References: | F.V. v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform (leave) |
| Principles: | The Refugee Appeals Tribunal has jurisdiction to consider refoulement. Failed asylum seekers per se are not necessarily members of a particular social group nor do they necessarily hold any particular political opinions. However, where a clear Convention nexus is shown, a person’s fear of persecution by virtue of his or her status as a failed asylum seeker might be capable of bringing him or her within the definition of refugee. |