The Applicant was a Nigerian citizen who applied for refugee status. She expressed a fear that she would be forcibly circumcised by her husband’s family if she was returned to Nigeria. The Refugee Applications Commissioner recommended that she not declared a refugee, and her appeal against this recommendation was refused by the Refugee Appeals Tribunal (RAT) on the basis that … Read More
EAE & Ors v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Refugee Appeals Tribunal; Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2009] IEHC 5 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 16 Jan 2009 |
| Judge: | McMahon J |
| Category: | Refugee Law |
| Keywords: | Refugee |
| Country of Origin: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/2e5876ac-22e2-4aad-b50a-7d2ecc7ee5fd/2009_IEHC_5_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| References: | Imoh v Refugee Appeals Tribunal; Okeke v Minister for Justice, Equality and Law Reform; Darjania v O’Brien sitting as the Refugee Appeals Tribunal; H.O. v Refugee Appeals Tribunal |
| Principles: | States are presumed to be capable of protecting their citizens, but this presumption may be rebutted by evidence to the contrary. Failure to seek protection or protection forthcoming from NGOs will not in themselves defeat a claim for refugee status if State protection is shown to be inadequate or ineffective. |