BDR v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2016] IEHC 274
Nature of Proceedings:Judicial Review
Judgment Date/s:25 May 2016
Judge:Faherty M.
Category:Refugee Law
Keywords:Asylum, Protection (International), Refugee, Refugee Law, Stateless Person
Country of Origin:Bhutan
URL:https://www.courts.ie/acc/alfresco/61b87a1a-bde6-4b76-93c2-9c03819acb17/2016_IEHC_274_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was born in Bhutan to parents of Nepalese ethnicity. He claimed he had been denied citizenship of Bhutan because of his ethnicity and that his family home had been attacked and his parents killed. He subsequently left Bhutan and went to live in India where he lived for a number of years, before ultimately arranging with a … Read More

Principles:

The decision in BDR establishes that a stateless asylum seeker with more than one country of former habitual residence is not required to prove a well founded fear of persecution in every country of former habitual residence in order to be recognised as a refugee. It is sufficient that the asylum seeker has a well founded fear in one country of former habitual residence and that the asylum seeker is unable or unwilling to return to any of the other countries of former habitual residence. 

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