SK v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 520
Nature of Proceedings:Judicial Review
Judgment Date/s:05 Nov 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Persecution, Refugee, Refugee Law
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/91b17e6c-53d7-488b-92c8-9e5f20f91a7b/2014_IEHC_520_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a national of Pakistan who claimed to be a Pashtun and to originate in Waziristan, part of the Federally Administered Tribal Areas (“FATA”). She claimed that when she was a child she was the subject of an arranged marriage organised by her father but she explained that her father cancelled the arrangement when the proposed groom … Read More

Principles:

State protection cannot be said to be unavailable to an applicant simply because the police in his or her country of origin have investigated a crime, have not been able to apprehend the perpetrators, particularly where the criminals are terrorists.

A finding that internal relocation is available to an applicant for international protection will be open to a protection decision-maker where the applicant has actually relocated in his or her country of origin and not been traced there by his or her persecutors.

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