Facts: The applicants were a mother and her son. They arrived in Ireland and claimed asylum. She claimed to be of mixed ethnicity, her father being an ethnic Armenian and her mother an Azeri. She said that they lived in the Nagorno-Karabakh region in Azerbaijan which, although it lies within the borders of the Republic of Azerbaijan, claims to be … Read More
MA and EM (a minor) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform, Attorney General and Ireland
| Respondent/Defendant: | Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform, Attorney General and Ireland |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 430 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 05 Sep 2014 |
| Judge: | McDermott J. |
| Category: | Refugee Law |
| Keywords: | Asylum, Persecution, Refugee |
| Country of Origin: | Azerbaijan |
| URL: | https://www.courts.ie/acc/alfresco/9bcbbb1c-dd59-4146-8ea8-24f0c484071e/2014_IEHC_430_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Where an applicant claims protection on the basis that he or she is at risk of persecution or serious harm in his or her country of origin on the basis of his or her ethnicity, and country of origin information bears out the existence of ethnic conflict there, then if a protection decision-maker accepts the applicant’s claimed ethnicity and the existence of ethnic conflict in the country of origin, he or she must consider the applicant’s evidence in the light of relevant country of origin information in order to ensure that the question of forward-looking fear is properly examined, even though other elements of the claim have been assessed as lacking credibility. |