Case summaries
Ireland - High Court, 23 November 2010, S & Anor v Refugee Applications Commissioner & Anor 2010 IEHC 421
Country of applicant:
Azerbaijan
This case concerned a decision of the Office of the Refugee Applications Commissioner to refuse to process the asylum applications of two nationals of Azerbaijan, with refugee status in Poland. The applicants claimed they were being watched by Azeri agents in Poland and felt unsafe there. The Court held that the applicants would have had to show that the Polish authorities were unwilling or unable to provide protection. In circumstances where they had not even reported their fears to the Polish authorities, the applications were bound to fail. The Minister had no jurisdiction to grant them refugee status pursuant to the provisions of section 17 (4) of the Refugee Act, 1996.
Date of decision:
23-11-2010
Relevant International and European Legislation:
Art 7.2,Art 6 (c),Art 25.2 (a),Art 26 (a)