By: Mark Tottenham BL
, on May 10th, 2012
S A v. Minister for Justice  IEHC 78 (High Court, Hogan J, 24 January 2012)
High Court grants leave to seek judicial review of refusal of refugee status, where tribunal failed adequately to consider likely persecution on grounds of homosexuality.
Judicial review - application for leave - refusal of refugee status - fear of persecution on grounds of homosexuality - Islamic fundamentalist groups attacking wedding musicians in Algeria - prior deportation to Algeria from Spain - travel to Ireland via Italy - treatment of homosexuals in Algeria - whether protection afforded only to persons who have suffered persecution in the past - whether homosexuals formed part of a social group for purposes of Article 1A(2) of the Convention - whether homosexual should be expected to sublimate of conceal sexuality - whether likely violation of applicant's human rights if returned to Algeria - error of law by Refugee Appeals Tribunal - failure to apply for asylum previously.
Full Text on Court Services Website
Key Cases Cited
Killeen v. Director of Public Prosecutions  1 I.L.R.M. 1
HJ (Iran) v. Home Secretary  UKSC 31
MA v. Refugee Appeals Tribunal, High Court, 12th November, 2010
E v. Refugee Appeal Tribunal  IEHC 149