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

adminLeave a Comment

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

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

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.

Go Back