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
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 |
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. |