MSM and NAS (a minor) v Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

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Respondent/Defendant:Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 237
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Mar 2015
Judge:Faherty J.
Category:Deportation
Keywords:Asylum, Deportation, Member State (Remain in the), Minor, Nationality, Protection (Subsidiary), Refugee, Refugee Law
Country of Origin:Somalia / Tanzania
URL:https://www.courts.ie/acc/alfresco/08ce8a40-8de1-4fca-a174-c97f11cbf4ad/2015_IEHC_237_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first applicant claimed to be a Somali national of the Bajuni tribe. She sought asylum in Ireland saying that she had suffered persecution on Chula Island in Somalia, which took the form of two attacks against her. She claimed to have left Chula after the first attack on her family and to have gone to Tanzania where an … Read More

Principles:

When assessing the nationality of an applicant for international protection, a protection decision-maker is entitled to have regard to information which reliably indicates that the applicant possesses has another identity and nationality and has not been candid in making the application. If it is proposed to treat the applicant has having a different nationality to the one claimed by him or her, the decision-maker should put the information which has prompted such a course of action to the applicant for comment.

Unless an applicant puts cogent evidence forward to explain how he or she appears to have a different nationality to the one claimed, and why it would be incorrect to treat him or her as having that nationality, the decision-maker does not have to give express reasons for rejecting such evidence. The decision-maker, having rejected the claimed nationality, does not have to prove that the applicant has a particular nationality.

The fact that a language analysis report may cast doubt on the proposal to treat the applicant as having a particular nationality is not decisive, particularly if it casts doubt on the claimed nationality. Such a report is merely one piece of evidence to be considered in the round.

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