FGW v Refugee Appeals Tribunal & Ors

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Respondent/Defendant:Refugee Appeals Tribunal & Ors
Court/s:High Court
Citation/s:[2011] IEHC 205, 5th May 2011, Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:05 May 2011
Judge:Cooke J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum application (Examination of an), Asylum Seeker, Child, Country of Origin, Minor, Protection (Application for International), Refugee
Country of Origin:Liberia; Ivory Coast.
URL:https://www.courts.ie/acc/alfresco/526d84ca-db74-4d85-98c2-dc0038d65e74/2011_IEHC_205_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicant was granted leave to seek to quash the decision of the Refugee Appeals Tribunal affirming a decision of the Refugee Applications Commissioner recommending against the applicants being declared refugees. The applicants were a mother and daughter with different countries of origin. The mother was born in Liberia, and the daughter was born in Ivory Coast. The mother’s claim … Read More

Principles:
  1. Regulation 5(2) of the 2006 Regulations provides that evidence of previous serious harm is to be regarded as a “serious indication” – not as conclusive proof – of an applicant’s well founded fear unless there are good reasons to consider that such harm will not be repeated.
  2. Where there are two applicants for asylum who are dealt with together, it is incumbent on the decision maker to state clearly, however briefly, why the claim of each applicant is rejected.
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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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