Facts: The applicants were a mother and her son. The mother claimed to have been born in Sierra Leone and her son was born in Ireland. She arrived in Ireland in 2005 and claimed asylum. She alleged that she had been married to a pastor who had previously been involved with a rebel group in Sierra Leone. They looked askance … Read More
BJ v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform / OAIA 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 429 |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 05 Sep 2014 |
Judge: | McDermott J. |
Category: | Refugee Law |
Keywords: | Asylum, Persecution, Refugee, Refugee Law |
Country of Origin: | Sierra Leone |
URL: | https://www.courts.ie/acc/alfresco/6de7a624-3690-4b46-bbd2-1b63d4ecc4be/2014_IEHC_429_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | A protection decision-maker is not required to refer to all of the evidence adduced by a protection applicant in its decision. A protection decision which is based primarily on credibility will likely be upheld even though it includes an alternative finding on internal relocation which does not strictly comply with the requirements of the EC (Eligibility for Protection) Regulations 2006 or the EU (Subsidiary Protection) Regulations 2013, particularly where the “finding” on internal relocation can more appropriately be classed as a sub-finding of the appraisal of credibility. |