MSO v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform and the Refugee Appeals Tribunal, Ireland and the Attorney General

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Respondent/Defendant:Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform and the Refugee Appeals Tribunal, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 171
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Apr 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Child, Minor, Persecution, Refugee, Refugee (Convention), Refugee Law, Refugee Status
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/c88cb74a-15d3-4f0c-aa62-1e53d532a963/2014_IEHC_171_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was born in Ireland in 2008 to a Nigerian mother, who claimed asylum on her behalf, asserting she feared persecution in Nigeria arising from her conversion from Islam to Christianity and from the baptism of her daughter. She claimed to fear persecution at the hands of her family and at the hands of the father of her … Read More

Principles:

It is open to a decision-maker to make an adverse credibility finding on a claim by an asylum applicant who fears persecution on the ground of membership of a religious group, if the applicant’s knowledge of the religion in question is not what might reasonably be expected from someone in his or her position.

If an asylum applicant has sought refuge with a person en route to the State, it will be reasonable for a protection decision-maker to expect the applicant to recall that person’s name, and if he or she cannot, it will be open to the decision-maker to make an adverse credibility finding on the asylum application in that regard.

A decision-maker will make a valid finding on Internal relocation if he or she identifies a place of relocation and concludes that the applicant reasonably stay there, having regard to the general circumstances prevailing there and the personal circumstances of the asylum applicant.

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