RT (DRC) v Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 194
Nature of Proceedings:Judicial Review
Judgment Date/s:28 Mar 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Persecution, Refugee, Refugee (Convention), Refugee Law, Refugee Status
Country of Origin:Democratic Republic of Congo (“DRC”)
URL:https://www.courts.ie/acc/alfresco/24febbc8-530d-43dd-a33f-8335fe9a390d/2014_IEHC_194_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant claimed to be a national of the Democratic Republic of Congo (“DRC”). She arrived in Ireland and claimed asylum. Her fear of persecution rested on three matters, namely:- her race or ethnicity, based on the fact that she was a Tutsi; her membership of a social group comprising Tutsi women; and her fear if refouled as a … Read More

Principles:

In deciding whether or not the applicant, a Tutsi, was a refugee from the DRC and had a forward-looking fear of persecution there, the Tribunal was obliged to take into account the fact that she had suffered past persecution in that country, and the existence of a continuing undercurrent of prejudice and discrimination against Tutsis there, notwithstanding that her reasons for leaving the country had been held to lack credibility.

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