JMO v Refugee Applications Commissioner and the Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Applications Commissioner and the Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 467
Nature of Proceedings:Judicial Review
Judgment Date/s:22 Aug 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Asylum Seeker (Secondary Movement of), Country of Origin Information, Dublin Regulation, Family Member, Persecution, Refugee, Transfer Order
Country of Origin:Russia
URL:https://www.courts.ie/acc/alfresco/a6c83799-e4f3-4e11-a887-3fe619ed2941/2014_IEHC_467_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Russian national, who claimed to be of Chechen ethnicity. He applied for asylum in the State on that account and gave a history which was untrue in that he failed to disclose he had applied for asylum in Slovakia. This was brought to his attention by the Refugee Applications Commissioner and he made representations as … Read More

Principles:

A rebuttable presumption exists that the treatment of asylum seekers in all EU Member States complies with the requirements of the Charter of Fundamental Rights, the Geneva Convention on the Status of Refugees and the European Convention on Human Rights. Not every infringement of relevant Directives will preclude the transfer of an applicant under the Dublin Regulation. In order to rebut the presumption, cogent evidence must be shown of a “real risk” of being subject to a breach of rights if transferred to a receiving country under the Dublin Regulation. 

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