AMK (a minor) v Refugee Appeals Tribunal & anor

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 380
Nature of Proceedings:Judicial Review
Judgment Date/s:25 Jul 2014
Judge:Barr J.
Category:Refugee Law
Keywords:Asylum, Minor, Persecution, Refugee
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/6d44c176-37c0-442d-9bf1-cb51b26e91ad/2014_IEHC_380_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant claimed to be an Afghan national. He applied for asylum and said that his father and brother had been influential figures in the local Taleban organisation and were held responsible for many crimes by the inhabitants of their area. When the Taleban was overthrown, his father and brother were taken away by commanders loyal to the new … Read More

Principles:

If an applicant for asylum claims not to have claimed asylum in a country through which he passed en route to Ireland because it did not apply the Refugee Convention, a protection decision-maker will need to examine country of origin information to establish if it supports that claim. If it does, an applicant cannot be faulted for not claiming asylum in such a country.

A protection decision-maker which makes credibility findings and does not specify which of them it considers material to its decision runs the risk of its decision being quashed if an individual finding is held to be unsound by a court, as the court may find itself unable to establish the weight attached to such a finding by the decision-maker.

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