SO 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 286
Nature of Proceedings:Judicial Review
Judgment Date/s:11 May 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Persecution, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/39a8d575-1074-430b-a6dc-198f837282fb/2015_IEHC_286_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a national of Nigeria, claimed asylum in Ireland and contended that, if returned to Nigeria, he would face court martial and imprisonment for 21 years if apprehended by the army, and/or assassination. He stated that he was a lance corporal in the Nigerian army for many years and that his problems began when he and three … Read More

Principles:

Where it is put to an asylum applicant that he or she is facing prosecution and not persecution, then in order to qualify for refugee status, he or she must show that the potential punishment for the crime in question would be excessive or disproportionate to the point of amounting to persecution. It is not sufficient for them merely to contend that that would be the case without evidence to that effect, or by arguing that the provisions under which he or she would be so punished are secret or not publicly available.

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