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EDAL case summaries

Italy - Cagliari Court, 3 April 2013, No. RG 8192/2012

Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Actor of persecution or serious harm, Actors of protection, Female genital mutilation, Gender Based Persecution, Membership of a particular social group, Refugee Status

Female genital mutilation constitutes an act of persecution relating to membership of a particular social group and, if it is established that such mutilation could specifically affect the  Applicant, constitutes a reason for granting refugee status under Article 2 and subsequent articles of Legislative Decree No 251 of 19.11.2007, implementing Directive 2004/83/EC.
Date: 03-04-2013

Ireland - High Court, 1 March 2012, J.T.M. v Minister for Justice and Equality, Ireland and the Attorney General,[2012] IEHC 99

Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Previous persecution, Actor of persecution or serious harm, Non-state actors/agents of persecution, Protection, Subsidiary Protection, Gender Based Persecution, Inhuman or degrading treatment or punishment, Serious harm, Torture, More favourable provisions

This was the substantive hearing of a case in which leave to seek judicial review of a subsidiary protection decision was granted on the basis that (a) it was arguably erroneous to conclude that because State protection was available in respect of the actions of non-State agents who inflicted serious injury on the Applicant, the said injury could not amount to "serious harm;" and (b) The decision failed to consider whether, arising out of the previous harm suffered by the Applicant, compelling reasons existed to warrant a determination that she was eligible for subsidiary protection. The...
Date: 01-03-2012

Ireland - High Court, 9 December 2009, A.S.O v Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform [2009] IEHC 607

Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Country of origin information, Actor of persecution or serious harm, Actors of protection, Internal protection, Non-state actors/agents of persecution, Procedural guarantees

This case concerned the refusal of a Refugee appeal on the basis that Sate protection was available and/or that the applicant could relocate within Nigeria and avoid persecution.  In support of the finding that State was available; the Tribunal Member relied upon part of a UK Home Office Operational Guidance Note (OGN) on Nigeria that had not been provided to the applicant. The Court found that the applicant not afforded fair procedures. She had no opportunity to comment upon the information in the OGN. The Court also found that the issue of whether or not State protection is available...
Date: 09-12-2009

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