T. I. v Minister for Justice, Equality and Law Reform and Others
| Jurisdiction | Ireland |
| Judge | Ms. Justice Faherty |
| Judgment Date | 19 May 2015 |
| Neutral Citation | [2015] IEHC 341 |
| Court | High Court |
| Date | 19 May 2015 |
[2015] IEHC 341
THE HIGH COURT
BETWEEN
AND
Asylum – Immigration & Nationality – Refugee Appeals Tribunal – Refusal of asylum claim – Fear of persecution – Reg. 7 of the European Communities (Eligibility for Protection) Regulations 2006 – Assessment of internal relocation
Facts: The applicant sought an order quashing the decision of the second named respondent refusing refugee status to the applicant. The applicant's mother contended fear of persecution of the applicant in the country of origin owing to the disobedience of an order of a religious group that pronounced a death sentence on the infant applicant. The applicant's mother contended that the option of internal location would not be feasible for the applicant due to the discrimination met by children with developmental difficulties in the country of origin.
Ms. Justice Faherty granted an order quashing the decision of the second named respondent and remitted the case for a de novo hearing before a different member of the second named respondent. The Court held that the second named defendant had failed to carry out a rational analysis of the facts as mandated by reg. 7 of the European Communities (Eligibility for Protection) Regulations 2006. The Court held that the second named respondent must have conducted inquiry to ascertain whether the applicant's medical difficulties coupled with the general conditions prevailing in the country of origin would make it reasonable for the applicant to stay in that place. The Court observed that any assessment of internal relocation must be gleaned carefully and more so if there would be negative credibility findings.
JUDGMENT of Ms. Justice Faherty delivered on the 19thday of May 2015
1. This is a telescoped application where the applicant seeks an order of certiorari quashing the decision of the second named respondent affirming the recommendation of the Refugee Applications Commissioner that she not be declared a refugee.
2. The infant applicant is of Nigerian origin. Her mother was born in Anambra State, Nigeria. According to the applicant's mother, the applicant's father hailed from Imo State. He was a Christian whose father was a pagan chief priest of a named shrine in Akokwa, Imo State. The applicant's father's eldest brother, who was due to succeed their father as chief priest, was killed in a car accident. The applicant's mother claimed that pressure was then put on the applicant's father to marry his sister in-law but he refused, choosing instead to marry the applicant's mother on the 28 February 2004. Additionally, he refused to take over his role as successor to the chief priest of the shrine. At the time of their marriage, the applicant's mother had completed her law degree after five years of university education. The applicant's mother became pregnant with the applicant in 2004. On the 1 st December 2004, the applicant's paternal grandfather died suddenly. The applicant's mother claimed that his family had consulted "the oracle" who decreed that the applicant's father's refusal to take on the role of chief priest was the reason for his father's death. Accordingly, "the oracle" had demanded that the applicant's mother's unborn child be sacrificed to the land "to appease the curse and give the chief priest a successful death". On hearing of this decree the applicant's mother had run away "to save the life of [her] child". She left Akokwa and travelled to Enugu where she stayed for one month and from there moved to Lagos where she remained for three months. From there she travelled to Ireland in March 2005. At the time of her departure, the applicant's father remained living in Lagos.
3. The applicant's mother's asylum process commenced in 2005. The section 13 report which issued in respect of her claim recorded that her fear of persecution was based on the demand by "the oracle" that her unborn child was to be sacrificed to appease the death of her father-in-law. The Commissioner found the applicant's mother's account "not credible", stating, inter alia:-
"Her husband as a Christian was not involved in his father's pagan ways. He refused to do his father's bidding in the case of his brother's wife, he had married the applicant in spite of his father's objections and as the applicant herself stated he was unlikely to allow his child to be sacrificed. He did not have any problems over his refusals in the past and has not had any problems since the applicant left Nigeria in March 2005. It is not unreasonable to suggest that the applicant could have continued to live in Nigeria in Enugu where she went to college, in Onitsha with her parents or in Lagos with her husband. In the three months from her father in-law's death until she left for Ireland he did not encounter any problems in Nigeria."
4. The infant applicant was born in this State on the 23 rd March 2005. Her asylum process commenced on the 15 th October 2007. A section 8 interview was conducted with the applicant's mother on her behalf on the same date. It recorded the following:-
"Applicant's mother claims that her daughter cannot return to Nigeria because the applicant's grandfather is a native doctor who died."
Applicant's mother claims that the child was to be sacrificed to appease the grandfather's ghost as the reason for his death was seen to be his dislike for the child's mother.
Applicant's mother claims that female mutilation through circumcision is also popular in the community back in Nigeria and she fears that her daughter would be circumcised if she returns to Nigeria."
The claims set out in the s.8 interview were replicated in the questionnaire completed on the 22 nd October 2007, which also recorded fears that the applicant would be subject to ritual killings and trafficking. The claimed fear of persecution was stated to be on grounds of religion and membership of a particular social group.
In the course of the section 11 interview, the applicant's mother stated:-
"I fear that my in-laws will sacrifice my daughter to the shrine and that she will die. I also fear that they may perform FGM on her because it is a tradition there. My own brother went missing and he was kidnapped. I fear my daughter may be kidnapped and trafficked."
5. The RAC rejected the applicant's claim and the section 13 report stated, inter alia:-
"The applicant's mother fears that her daughter will be sacrificed by her husband's family following the death of her father-in-law… [She] claims that FGM is another tradition in her in-laws community and her daughter would be subjected to FGM if she went to live in Nigeria …The applicant fears that she would be located in Nigeria because of the Oracle. The applicant was asked to explain this Oracle and she replied They have a piece of wood that they carved into the shape of a human. They worship this.' The applicant claims that she could be located anywhere in Nigeria because of the Oracle. When asked how she has not been effected (sic) by the oracle since leaving Nigeria, she replied 'If I was in Nigeria it could locate me. Because I am not in Nigeria the Oracle cannot locate me'. The applicant's fears in this regard are subjective and are not supported by any objective element. The applicant's fears of being located by an Oracle are not accepted.."
6. Under the heading "State Protection", the following was stated:-
"It is considered that the applicant and her mother could return to Nigeria and locate away from Akokwa, Imo State where she would not be in danger from her in-laws. Her claims that she could be located anywhere in Nigeria are not accepted....Country of origin information indicated that there are various NGOs who would be willing to offer the applicant and her mother assistance if they were to return to Nigeria....Given her mother's age and level of education it is not considered unduly harsh for the applicant and her mother to return to Nigeria. As Nigeria is a country with a population of over 140 million… it is not accepted that the applicant and her mother could be located by her in-laws as she claims."
7. The Tribunal's decision issued to the applicant on the 17 th May 2010. As the section 6 analysis is short, it is quoted herein in its entirety:-
'The claim of this Applicant… is identical in virtually all aspects to that of her mother. As the claim of [her mother] has been dismissed, then so also is the claim of this applicant. However, there is the issue of female genital mutilation which does not constitute a part of [her mother's] claim.
There is a growing number of women NGOs in Nigeria.
The report of the joint Danish-UK Fact Finding Mission to Nigeria has a section concentrating on internal relocation for women. The purpose of the document is to indicate the facilities and means available to women who wish to internally relocate within Nigeria to escape FGM and other gender problems. What is immediately apparent is the proliferation of women's NGOs in Nigeria.
The US State Department Human Rights Report 2007 states that the National Democratic and Health Survey estimated that about 19% of the female population had been subjected to FGM although the incidence has declined steadily in recent years. The NHDS 2003 data has indicated a high level of support for the abandonment of the practice. 66% of women aged between 15 and 49 who have heard of FGM-C believe the practice should be discontinued. However, better educated women are more likely to oppose the practice than rural and less educated women.
Finally, the UK Danish...
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