Facts: The applicant was a member of the Berber Amazigh people, an ethnic minority in Algeria and supported the ideals of the Berber separatist MAK movement. He travelled to the UK on a short-term visa in 2013 and remained there after its expiry. In 2018, he travelled to Ireland and applied for international protection. The IPO recommended that he not … Read More
M.Y. v the International Protection Appeals Tribunal & anor
M.Y. v the International Protection Appeals Tribunal & anor
| Respondent/Defendant: | The International Protection Appeals Tribunal and the Minister for Justice |
| Court/s: | High Court |
| Citation/s: | [2022] IEHC 345 |
| Nature of Proceedings: | Judicial review |
| Judgment Date/s: | 13 May 2022 |
| Judge: | Ferriter J. |
| Category: | International protection, Refugee Law |
| Keywords: | Asylum Applicant, Burden of Proof, Country of Origin, Deportation Order, Persecution, Refugee (Convention) |
| Country of Origin: | Algeria |
| URL: | https://courts.ie/view/judgments/d67b3aa8-41b1-495e-bdf7-8a8f182e1cec/0473cf81-9c10-40c0-b260-8c64e64cd1bd/2022_IEHC_345.pdf/pdf |
| Principles: | When refusing an application under section 28(6) of the International Protection Act 2015, the core elements of the provision should be assessed. Albeit obiter, Ferriter J stated that the UK Supreme Court’s ruling in HJ (Iran) can be applied to Convention grounds other than those that relate to sexual orientation and HJ (Iran) should be applied carefully to the facts of the case when remitted for fresh consideration. |