LT v Minister for Justice, Equality and Law Reform and the Refugee Appeals Tribunal

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Respondent/Defendant:Minister for Justice, Equality and Law Reform and the Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2014] IEHC 290
Nature of Proceedings:Judicial Review
Judgment Date/s:30 May 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Persecution, Persecution (Actors of), Refugee, Refugee (Convention), Refugee Law, Refugee Status
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/5c809202-173f-4d7c-be27-8e412e255df9/2014_IEHC_290_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant, a national of Nigeria, claimed to be a Christian and to have had a husband whom she converted to Christianity from Islam in 1992. She said that she fell foul of her husband’s family as a result, and they took her child in 1993. She said that she moved around Nigeria on a number of occasions owing … Read More

Principles:

Under Article 8 of the Qualification Directive and reg. 7 of the EC (Eligibility for Protection) Regulations 2006, a protection decision-maker, when examining the possibility of internal relocation, must enquire as to whether the applicant's persecutors might harm him or her in an identified part of the country of origin. If it is found that the identified part of the country is free from the applicant's well-founded fear of persecution, the decision-maker must also be satisfied that the applicant could reasonably be expected to stay there, and in reaching that conclusion, regard has to be had to the general circumstances prevailing there and to the personal circumstances of the applicant.

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