AD (Afghanistan) 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:[2015] IEHC 30
Nature of Proceedings:Judicial Review
Judgment Date/s:20 Jan 2015
Judge:Stewart J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Refugee, Refugee Law
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/d2e84f26-d400-4cba-802a-624d1e379798/2015_IEHC_30_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant claimed to be an Afghan national. He applied for asylum in Ireland on the basis that he feared persecution in Afghanistan on imputed political grounds. He stated that his father and brother were members of Hezb-e-Islami, the Islamic Party, whose membership was composed predominantly of ethnic Pashtuns. Where his family lived, most people were Tajiks and members … Read More

Principles:

Where an application for international protection fails at first instance on the basis of lack of supporting evidence, and such evidence is furnished as part of an appeal, it is incumbent on the appellate decision-maker to take it into account when evaluating credibility. In such a situation, the appellate body cannot necessarily adopt the credibility findings made at first instance.
Evidence tending to suggest that the applicant is wanted by the authorities in his country of origin may mean that internal relocation is not possible if their treatment of him would be persecutory or cause serious harm.

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