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Ireland
Country of Decision : Ireland
Court Name : IE: High Court
Date of decision : 18/02/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol :

I (Nigeria) v The International Protection Appeals Tribunal and The Minister for Justice and Equality

Nigeria

IE: High Court referred case to IPAT for failure to properly assess family as actors of potential persecution upon return to Nigeria

I, Nigerian national, received a negative decision and contested it before the International Protection Appeals Tribunal (IPAT). I invoked that she applied for international protection based on two grounds: she worked as a prostitute in Nigeria since she was a minor and fears family reaction upon return and she was trafficked to Ireland and fears traffickers reactions if she returns. IPAT considered that she was not targeted by her family and did not accept that she was trafficked to Ireland and would face any risk related to her return. On the contrary, in the appeal before the High Court the applicant invoked that IPAT did not properly assessed her family as potential actors of persecution.

The High Court admitted the appeal and stated that IPAT did not provide any reason for the fact that it based its decision on certain preferred country of origin reports. The High Court further concluded that IPAT failed to properly consider the applicant’s family as actors of persecution and noted country of origin reports relevant to trafficked women, the key point to be taken into consideration for a claim based on risk of family harm.  The High Court also underlined a failure of IPAT to properly assess personal circumstances of the applicant as victim of sexual exploitation. The case was referred back to IPAT for review.

Assessment of Application; Asylum Procedures/Special Procedures; Country of Origin Information; Nigeria; Non-state actors; Trafficking ; Vulnerable Group;

National law only (in case there is no reference to EU law/ECHR);

EASO Courts and Tribunals Network

Ireland, High Court, I (Nigeria) v The International Protection Appeals Tribunal and The Minister for Justice and Equality, 18 February 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1542