QSA v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 238
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Apr 2015
Judge:Faherty J.
Category:Refugee Law
Keywords:Minor, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/a2b748c0-dd63-4887-9d62-7192e1e34a97/2015_IEHC_238_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Nigerian national who claimed asylum in Ireland, claiming to fear female genital mutilation (FGM). She claimed to be a minor, supporting her claim in that regard with a birth certificate, but was age assessed by the Health Service Executive (HSE) as an adult. She claimed that, back in Nigeria, her mother had received a letter … Read More

Principles:

Where an applicant claims to be a minor, resulting in an age assessment which concludes that the applicant is actually an adult, a decision-making body dealing with that applicant’s application for protection should make a finding as to whether it is treating the applicant as an adult or a minor.

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