Facts: The applicant was a national of Mauritius. He sought asylum in the State and claimed to fear of persecution there from Islamic terrorists. He said that he had been a member of the Hezbollah party in Mauritius and worked as a driver for its leader. He was also a member of its armed wing, L’Equip de Force. He participated … Read More
HO v Refugee Appeals Tribunal and Minister for Justice and Equality
Respondent/Defendant: | Refugee Appeals Tribunal and Minister for Justice and Equality |
Court/s: | High Court |
Citation/s: | [2014] IEHC 494 |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 02 Oct 2014 |
Judge: | Barr J. |
Category: | Refugee Law |
Keywords: | Asylum, Exclusion Clauses, Persecution, Refugee |
Country of Origin: | Mauritius |
URL: | https://www.courts.ie/acc/alfresco/c8cb4296-ba02-49f7-a01e-1a9418e7eab8/2014_IEHC_494_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | A state is to be presumed capable of protecting its citizens, in the absence of clear and convincing evidence to the contrary. Where the evidence relevant to a protection applicant’s claim shows a willingness on the part of his country of origin to protect him, a protection decision-maker will be entitled to conclude that state protection is available to him. |