Facts: The applicant was a child who applied for asylum on the basis of a well-founded fear of persecution if returned to Serbia on the basis of his Ashkali ethnicity. His application was rejected at first instance by the Refugee Applications Commissioner and on appeal to the Refugee Appeals Tribunal. Although it was accepted that the applicant would in all … Read More
ED v Refugee Appeals Tribunal
| Respondent/Defendant: | Refugee Appeals Tribunal |
| Court/s: | Supreme Court |
| Citation/s: | [2016] IESC 77 |
| Nature of Proceedings: | Appeal |
| Judgment Date/s: | 21 Dec 2016 |
| Judge: | Clarke F. |
| Category: | Refugee Law |
| Keywords: | Asylum, Child, Discrimination (Direct), Discrimination (Indirect), Discrimination (Racial), Minor, Nationality (Ethnic), Persecution, Refugee, Refugee Law |
| Country of Origin: | Serbia |
| URL: | https://www.courts.ie/acc/alfresco/18079cc2-2bc5-4cbf-aeba-305bfade18c9/2016_IESC_77_1.pdf/pdf#view=fitH |
| Geographic Focus: | Other |
| Principles: | This decision establishes that discrimination can amount to persecution for the purposes of refugee status, especially where that discrimination was carried out by the State or condoned by the State by reason of lack of appropriate action. An overall assessment of the elements of discrimination is required in order to determine whether they cumulatively could be said to be sufficiently serious so as to amount to persecution. |