A (A Minor) v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:Supreme Court
Citation/s:Unreported judgment
Nature of Proceedings:Appeal
Judgment Date/s:16 Jan 2013
Judge:Hardiman, Fennelly, O’Donnell, Clarke and MacMenamin JJ
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum application (Examination of an), Child, Minor, Persecution, Persecution (Actors of), Protection, Refugee
Country of Origin:Nigeria
Geographic Focus:Ireland

Facts The applicant’s mother made an asylum application on her behalf in which she alleged that the applicant was at risk of female genital mutilation (“FGM”) in Nigeria from a family member. The Refugee Appeals Tribunal found that the claim lacked credibility and, in effect, cast doubt on the existence of the family member. It also found that state protection … Read More

Principles:

It is not sufficient for a person claiming to fear persecution on the basis of FGM to show that there is a high statistical incidence of FGM in her community or tribe. She must show a credible basis for believing that an “agent of persecution” exists who would inflict it on her in her country of origin.

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