Facts: The applicant and her mother arrived in Ireland from Pakistan and claimed asylum on the basis of fear of persecution as Ahmadi Muslims. Their applications were unsuccessful before the Refugee Applications Commissioner and the Refugee Appeals Tribunal. The applicant, who was seven years old, challenged the Tribunal’s decision, which considered her to be an “unexceptional Ahmadi” and therefore not … Read More
GH (a minor) v Refugee Appeals Tribunal and Others
| Respondent/Defendant: | Refugee Appeals Tribunal, Minister for Justice and Equality, Attorney General and Ireland |
| Court/s: | High Court |
| Citation/s: | [2015] IEHC 583 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 17 Sep 2015 |
| Judge: | Eagar J. |
| Category: | Refugee Law |
| Keywords: | Child, Minor, Persecution, Refugee |
| Country of Origin: | Pakistan |
| URL: | https://www.courts.ie/acc/alfresco/c4dc03f2-1a9f-4efb-8c7f-3c6b9797f7cb/2015_IEHC_583_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | When the Refugee Appeals Tribunal is hearing an appeal taken on behalf of a minor, it should assume a greater share of the burden of proof, and when considering whether feared ill-treatment constitutes persecution, it should bear in mind that a child might more easily satisfy the persecution requirement of the refugee definition than an adult. |