NG (a minor) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform

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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 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

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

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.

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