Facts The applicant, a Nigerian national, arrived in Ireland in 2007 and claimed asylum. His application was based on membership of a particular social group, arising out of his membership of the so-called Niger Delta Volunteer Force (“NDVF”). He claimed to have been a criminal in Nigeria and to have specialised in kidnapping, which brought him to the attention of … Read More
EOI v Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform
Respondent/Defendant: | Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform |
Court/s: | High Court |
Citation/s: | [2014] IEHC 107 |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 07 Mar 2014 |
Judge: | McDermott J. |
Category: | Refugee Law |
Keywords: | Asylum, Asylum application (Examination of an), Burden of Proof, Country of Origin Information, Persecution, Refugee, Refugee Law, Refugee Status |
Country of Origin: | Nigeria |
URL: | https://www.courts.ie/acc/alfresco/5d1a71eb-5f01-4c4e-83f8-536892e2d2e0/2014_IEHC_107_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | An applicant who claims to fear persecution may have a subjective fear. However, in order to be a refugee, that fear must be objectively justified. If an applicant does not adduce evidence to support the existence of objective fear, or if a protection decision-maker is unable to find such evidence, an applicant will likely not be held to be a refugee, particularly if such evidence may be reasonably be expected to exist.
Where an asylum applicant claims to have carried out so-called “political” crimes, in assessing whether he is fleeing prosecution or persecution, it is necessary to consider whether or not the criminal activity carried out by the applicant bears any relationship to the political aim sought to be achieved by the activity. In assessing this, regard may usefully be had to such matters as the UNHCR Handbook and the principles informing the legal definition of the “political exception” as defined by domestic law in the area of extradition. |