SFA (a minor) and AA v Refugee Applications Commissioner

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Respondent/Defendant:Refugee Applications Commissioner, Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 364
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Jun 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Country of Origin Information, Minor, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/3538ea46-78d3-46c9-9ec6-d0ee862aaf30/2015_IEHC_364_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants, Nigerian nationals, were daughter and mother respectively. The second named applicant (mother) claimed asylum based on a fear of persecution by the Muslim family of the father of the first named applicant (her daughter). She stated that the family objected to their inter-religious relationship and that they burned down her house and shop. The application was rejected … Read More

Principles:

Judicial review will generally not lie against decisions  of a first instance protection decision-maker where it has made errors within jurisdiction.

Where a protection applicant considers that evidence has not been taken into account by a decision-maker, he or she must establish the existence of that evidence, show how it was relevant to the claim, and how the failure to take it into account has materially prejudiced him or her.

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