A.M & Anor -v- The Refugee Appeals Tribunal & Ors [2014] IEHC 388 (29 July 2014)

A.M & Anor -v- The Refugee Appeals Tribunal & Ors [2014] IEHC 388 (29 July 2014)

The Tribunal did not err in law or fact in finding that Israeli law provides a right to seek exemption from military service for full conscientious objectors, subject to ministerial discretion. The applicants failed to exhaust available domestic remedies in Israel by not applying for exemption before seeking asylum....

Source-derived case information.

Citation
[2014] IEHC 388
Parties
Applicant: A. M.; Applicant: M. M. (a minor suing through his father and next friend S. M.); Respondent: The Refugee Appeals Tribunal; Respondent: The Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
29 July 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications refused
Legal Topics
Conscientious Objection, Military Service Exemption, Refugee Status Determination, International Protection, Freedom of Conscience, Exhaustion of Domestic Remedies, Gender Equality in Military Exemption
Refugee Law Constitutional Law Human Rights Law Administrative Law Conscientious Objection Military Service Exemption Refugee Status Determination International Protection +3 more

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Summary, issues, holding and outcome

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Parties

A. M.

Applicant

M. M. (a minor suing through his father and next friend S. M.)

Applicant

The Refugee Appeals Tribunal

Respondent

The Minister for Justice, Equality and Law Reform

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Israeli law provides a genuine right to exemption from military service for full conscientious objectors
  2. 2 Whether the applicants should have exhausted domestic remedies in Israel before seeking asylum
  3. 3 Whether the Israeli system for conscientious objectors is so flawed as to give rise to a well-founded fear of persecution

Ratio Decidendi

The Tribunal did not err in law or fact in finding that Israeli law provides a right to seek exemption from military service for full conscientious objectors, subject to ministerial discretion. The applicants failed to exhaust available domestic remedies in Israel by not applying for exemption before seeking asylum. The Israeli system, while discretionary, is not so flawed as to give rise to a well-founded fear of persecution on the evidence presented. Reliance on s. 39(c) for female exemption is redundant post-Laura Milo, but both applicants may apply under s. 36. The applications for certiorari are refused.

Court Disposition

Applications refused

Orders

  • Applications for certiorari quashing the Tribunal's decisions are refused.