Facts: The applicant claimed to be a Nigerian national. He applied for asylum and said he feared persecution in Nigeria because of his homosexuality. He said that he had been beaten up in Nigeria previously when his sexuality was discovered. He said he then moved to Lagos and entered into a relationship with a man. The man’s father found out … Read More
MCA v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 504 |
| 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: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/424edd01-47a7-41c1-9fcb-10f73615043c/2014_IEHC_504_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Findings made by a protection decision-maker, including adverse credibility findings, will need to be reasoned if they are not to be struck down by a court as having no rational basis. A finding that internal relocation is available to applicants claiming fear of persecution on the basis of homosexuality will have to have regard to country of origin information and examine whether or not a place of relocation exists where they can live openly as homosexuals without fear of persecution. |