Facts: The applicant claimed to be a national of Afghanistan and to fear persecution there on two bases. He said that his father had worked for the Taleban who wanted him to act as a suicide bomber. He underwent training for that purpose in a madrassa in Pakistan, but then changed his mind about it, and left a house in … Read More
FO v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 123 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 31 Jan 2014 |
| Judge: | O’Malley J. |
| Category: | Refugee Law |
| Keywords: | Asylum, Country of Origin (Safe), Persecution, Refugee |
| Country of Origin: | Afghanistan |
| URL: | https://www.courts.ie/acc/alfresco/51d7377f-7996-45cd-ac33-6a4c18793bb7/2014_IEHC_123_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | The failure of an asylum seeker to apply for asylum in the nearest safe country or in the first safe country to which he fled was not a bar to refugee status per se and was not necessarily inconsistent with a genuine fear of persecution. Section 11B(d) of the Refugee Act 1996 applies only where an applicant claims that Ireland is the “first safe country” in which he or she has arrived since leaving the country of origin. |