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Neutral Citation: [2008] IEHC 219
Neutral Citation No: [2008] IEHC 219
THE HIGH COURT
2006 1034 JR
BETWEEN
E. O.
APPLICANT
AND
THE REFUGEE APPEALS TRIBUNAL,
THE MINISTER FOR JUSTICE, EQUALITY & LAW REFORM,
IRELAND AND THE ATTORNEY GENERAL
RESPONDENTS
EX TEMPORE JUDGMENT OF MR. JUSTICE BIRMINGHAM delivered on the 26th day of June 2008
Factual Background
The RAT Decision
The Issues in the Case
a. Delay,
b. Religion as the basis for persecution,
c. The question of relocation as an issue, and
d. The assessment of credibility.
(a) Delay
(b) Religion as the Basis for Persecution
(c) The Question of Internal Relocation as an Issue
"I prefer to formulate this aspect of the test for fear of persecution as follows: only in situations in which state protection "might reasonably have been forthcoming", will the claimant's failure to approach the state for protection defeat his claim. Put another way, the claimant will not meet the definition of "Convention refugee" where it is objectively unreasonable for the claimant not to have sought the protection of his home authorities; otherwise, the claimant need not literally approach the state."
(d) The assessment of Credibility
Approved: Birmingham J.