S.K. -v- Refugee Appeals Tribunal & anor [2014] IEHC 520 (05 November 2014)

S.K. -v- Refugee Appeals Tribunal & anor [2014] IEHC 520 (05 November 2014)

The Tribunal's determination that state protection was available to the applicant outside Waziristan was not unreasonable, as the applicant failed to provide clear and convincing evidence of ineffective state protection. The Tribunal also correctly assessed that internal relocation to Lahore or Karachi was reasonable and not unduly harsh, as the difficulties faced by the applicant did not amount to persecution.

Citation
[2014] IEHC 520
Parties
Applicant: S. K.; First Respondent: Refugee Appeals Tribunal; Second Respondent: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
05 November 2014
Procedural Posture
Judicial Review / High Court Judgment on Application for Certiorari
Outcome
Application refused
Legal Topics
State Protection, Internal Relocation, Refugee Status Determination, Credibility Assessment, Standard of Review
Immigration Law Refugee Law Administrative Law State Protection Internal Relocation Refugee Status Determination Credibility Assessment Standard of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S. K.

Applicant

Refugee Appeals Tribunal

First Respondent

Minister for Justice, Equality and Law Reform

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Tribunal erred in law in its assessment of the availability and effectiveness of state protection in Pakistan for the applicant
  2. 2 Whether the Tribunal applied the correct legal test in assessing the reasonableness of internal relocation within Pakistan

Ratio Decidendi

The Tribunal's determination that state protection was available to the applicant outside Waziristan was not unreasonable, as the applicant failed to provide clear and convincing evidence of ineffective state protection. The Tribunal also correctly assessed that internal relocation to Lahore or Karachi was reasonable and not unduly harsh, as the difficulties faced by the applicant did not amount to persecution.

Court Disposition

Application refused

Orders

  • Application for certiorari quashing the Tribunal's decision is refused