FGW & SS v Refugee Appeals Tribunal (Olive Brennan) and Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal (Olive Brennan) and Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2010] IEHC 357, [2011] IEHC 205
Nature of Proceedings:Judicial Review
Judgment Date/s:07 Oct 2010
Judge:Edwards J.; Cooke J.
Category:Refugee Law
Keywords:Persecution, Refugee, Refugee Law
Country of Origin:Liberia
URL:https://www.courts.ie/acc/alfresco/3fd57390-4aee-499c-829d-06c55aac4460/2010_IEHC_357_1.pdf/pdf#view=fitH, https://www.courts.ie/acc/alfresco/526d84ca-db74-4d85-98c2-dc0038d65e74/2011_IEHC_205_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:M.S.T. v Minister for Justice, Equality and Law Reform [2009] IEHC 529

F.G.W. claimed to have fled her native Liberia having been the victim of domestic violence at the hands of her husband. She settled in Ivory Coast for six months where she gave birth to her daughter S.S. From Ivory Coast she claimed to have made her way to Ireland where she claimed asylum. F.G.W.’s application for asylum was based on … Read More

Principles:

The jurisdiction of the Refugee Appeals Tribunal is confined to considering whether or not an applicant for asylum is a refugee within the meaning of section 2 of the Refugee Act, 1996, as amended. Regulation 5(2) of the EC (Eligibility for Protection) Regulations 2006 does not give rise to a new entitlement to refugee protection for persons who have been the victims of past persecution; Where there are two applicants for asylum who are dealt with together, it is incumbent upon the Tribunal member to state explicitly why the claim of each applicant is rejected.

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