Facts The applicants were a married couple and their child from Ukraine. They claimed to fear persecution as a result of the first applicant’s pursuit of corruption allegations against senior military figures in Ukraine. He claimed that he had made complaints orally and in writing and that he had been assaulted by unknown individuals on account of this. He said … Read More
DE v Refugee Appeals Tribunal
| Respondent/Defendant: | Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General. |
| Court/s: | High Court |
| Citation/s: | [2013] IEHC 304 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 25 Jun 2013 |
| Judge: | MacEochaidh J. |
| Category: | Refugee Law |
| Keywords: | Asylum, Asylum (Application for), Asylum application (Examination of an), Geneva Convention & Protocol, Protection, Protection (Application for International), Refugee, Refugee (Convention), Refugee Law |
| Country of Origin: | Ukraine |
| URL: | https://www.courts.ie/acc/alfresco/e64d995a-3bfa-488d-9c7d-c9aafc0690df/2013_IEHC_304_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | A protection decision-maker like the Refugee Appeals Tribunal should not discount the credibility of a subjective claim for protection simply because it is not supported by documentation. Before doing so, it must have regard to reg. 5(3) of the Regulations of 2006 and decide whether or not the conditions set out therein are fulfilled. If they are, then the lack of documentation to support the claim will not have the effect of undermining its credibility. |