Facts: The applicant was born in Ireland to Nigerian parents. Her mother claimed that she would be subject to female genital mutilation (FGM) and discriminated against on the basis of her single parent status in Nigeria. Her mother had previously unsuccessfully claimed asylum in the State. Having investigated her claim, the Refugee Applications Commissioner made a negative recommendation on it, … Read More
CFA (a minor) 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 702 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 19 Jun 2015 |
| Judge: | Faherty J. |
| Category: | Refugee Law |
| Keywords: | Country of Origin Information, Minor, Refugee |
| Country of Origin: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/9e2e8666-c56c-45e0-b87a-574d5fecffe8/2015_IEHC_702_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Delay on the part of Irish-born children in applying for asylum cannot be the subject of a negative credibility finding under s. 11B(d) of the Refugee Act 1996. When assessing credibility on an application for refugee status, a decision-maker should not necessarily draw negative inferences based on discrepancies between the ASY1 form and the questionnaire. Where an applicant fears a particular form of ill-treatment, such as FGM, a decision-maker who is minded to find that internal relocation is available to such a person should establish if the ill-treatment is against the law in the place of relocation. |