CC v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform, Attorney General and Ireland

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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 491
Nature of Proceedings:Judicial Review
Judgment Date/s:28 Oct 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Country of Origin Information, Persecution, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/7975512d-cb56-4333-9ed9-c41f2e2e1a44/2014_IEHC_491_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian national. He claimed asylum in Ireland and maintained that he had a fear of persecution arising out of his homosexuality, which he became aware of around 2004. He said that he had been repeatedly beaten in Nigeria on account of it and barred from his church. His family turned against him and threatened to … Read More

Principles:

Where an applicant claims to be homosexual and to fear persecution or serious harm in his country of origin, it is incumbent on a protection decision-maker to make a finding as to whether that claim is credible. If it is, then the assessment laid down by the British Supreme Court in in HJ (Iran) v. Secretary of State for the Home Department [2012] UKSC 31 should be carried out.

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