DK v Refugee Appeals Tribunal & Anor

Respondent/Defendant:Refugee Appeals Tribunal & Anor
Court/s:High Court
Citation/s:[2006] 3 IR 369, 373
Judgment Date/s:05 May 2006
Judge:Herbert
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status
Country of Origin:Georgia
URL:http://www.courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/6a67157ab880f65980257179005677dd?OpenDocument

The Applicant claimed asylum on the ground that as a homosexual man he had a well-founded fear of persecution in Georgia. The Tribunal found that he may have been at genuine risk of serious harm but did not accept that he had shown a failure of State protection. The applicant challenged this decision on the ground that the Tribunal erred … Read More

Principles:

Where an applicant for asylum has not sought State protection, the decision maker must consider whether the applicant’s evidence and the country of origin information are sufficient to rebut the presumption of State protection.

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