Facts: The applicant was the Irish-born daughter of two Ukrainian nationals who had arrived in Ireland in 2000 and 2001 and unsuccessfully claimed asylum. They had alleged that they were at risk of persecution in Ukraine from corrupt officials. It was considered that she was fleeing prosecution rather than persecution and that state protection was available to them. They applied … Read More
NG (a minor) 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 428 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 05 Sep 2014 |
| Judge: | McDermott J. |
| Category: | Refugee Law |
| Keywords: | Asylum, Asylum Seeker (Secondary Movement of), Child, Minor, Persecution, Refugee, Refugee Law |
| Country of Origin: | Ukraine |
| URL: | https://www.courts.ie/acc/alfresco/7d09fe7c-06cc-4dc7-9c2d-2e72c86f93ab/2014_IEHC_428_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | A child of parents whose application for asylum has failed cannot, ordinarily, claim to have any fear of returning to its country of origin if its claim is based on theirs, particularly if theirs has failed for want of credibility. Misstatement of fact by a decision-making body will not result in its decision being quashed unless it is material to it. |