Facts: The applicant was a national of Nigeria. He met his wife as a university student in 1999. He began to experience problems in 2005 when she was told that she could no longer associate with him because she had been promised, by way of a forced marriage, to a man named Alhaji Musa Abu, who had paid a price … Read More
NO 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 509 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 02 Oct 2014 |
| Judge: | Barr J. |
| Category: | Refugee Law |
| Keywords: | Asylum, Country of Origin Information, Protection, Refugee |
| Country of Origin: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/5a69d0e6-6550-4bdb-aa0c-5094b830dd5b/2014_IEHC_509_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 country of origin information and, moreover, police reports specific to the applicant’s claim show a willingness on the part of the police to protect him, a protection decision-maker will be entitled to conclude that state protection is available to him. In a judicial review of a protection decision-maker’s decision, an applicant will not be entitled to rely upon country of origin information which has not been before the decision-maker. Where a decision contains two bases for rejecting an applicant’s protection claim, only one of which is valid, the court is entitled to sever the invalid finding and thereby uphold the decision. |