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
SO v Refugee Appeals Tribunal and Others
| 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 |
| 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. |