MLTT (Cameroon) v Minister for Justice , Equality and Law Reform & Refugee Appeals Tribunal

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Respondent/Defendant:Minister for Justice , Equality and Law Reform & Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2012] IEHC 568
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Jun 2012
Judge:Clark J
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Geneva Convention & Protocol, Protection, Protection (Application for International), Refugee, Refugee (Convention), Refugee Law
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/a8f33703-323c-49c0-bcb0-253dc5df3567/2012_IEHC_568_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was a national of Cameroon and claimed refugee status on the basis of a well founded fear of persecution arising out of his involvement as a student in political demonstrations which were suppressed by the authorities and several students had been killed, others arrested and female students raped. The applicant claimed he was arrested and detained in … Read More

Principles:

It is well established as a matter of international law and domestic refugee law that the test for determining whether a person is a refugee is forward looking. The principle that the decision maker may look to the past as a guide to what is likely to occur in the future but the past is not determinative was consistently accepted and applied.

Where an applicant’s core claim is accepted the Tribunal is bound to give consideration to and ought to go on to ask whether the applicant has a well founded fear of persecution if returned to his country of origin, in the light of accepted past experiences and to objective country information. The Tribunal must apply a forward looking test when assessing whether the applicant had a well founded fear of persecution.

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