JG and WM (Czech Republic) v Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2013] IEHC 248
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Apr 2013
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Geneva Convention & Protocol, Persecution, Protection, Refugee, Refugee in transit
Country of Origin:Angola and Democratic Republic of Congo
URL:https://www.courts.ie/acc/alfresco/c0fd25c0-9d85-48de-bf4e-3bce483be008/2013_IEHC_248_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant in this case was a recognised refugee in the Czech Republic since 1998. He subsequently arrived in Ireland and applied for a declaration of refugee status. He stated that he had refugee status in the Czech Republic in 1998 but had subsequently been mistreated by that state or by non-state actors, including skinheads, acting with its … Read More

Principles:

Applications for asylum made by persons recognised as refugees in third countries based on alleged persecution in those countries are not admissible for processing in Ireland in the absence of cogent evidence that those countries afforded them no protection. This will be particularly where the third country in question is a Member State of the European Union and, as such a signatory to the European Convention on Human Rights and, in most cases, bound by the Charter of Fundamental Rights of the European Union and subject to the jurisdiction of the Court of Justice of the European Union.

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