AM (a minor) v Refugee Appeals Tribunal, Minister for Justice and Equality, Ireland and the Attorney General

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 501
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Oct 2014
Judge:Barr J.
Category:Refugee Law
Keywords:Asylum, Country of Origin Information, Persecution, Refugee
Country of Origin:Sierra Leone
URL:https://www.courts.ie/acc/alfresco/e8571671-e62e-438a-afc8-8ce91fd7898c/2014_IEHC_501_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a minor who was born in Ireland in 2012. Her mother was from Sierra Leone and her father was from Rwanda. Both parents were asylum seekers in Ireland. Her mother applied for asylum on her behalf and said that she would fear FGM in Sierra Leone at the hands of her uncle or wider family. Her … Read More

Principles:

A protection decision-maker will be entitled to conclude that a female applicant will not be at risk of FGM if country of origin information indicates that it is open to her parent(s) to refuse to subject her to the procedure.

Where an applicant makes assertions as to why he or she has a fear of persecution, a protection decision-maker is entitled to require him or her to provide an evidential basis for the claim and, if it not be forthcoming, to reject it as an unsubstantiated assertion.

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