Post
by walrusgumble » Thu Jun 21, 2007 1:01 am
he will have to prove that he has a well found fear that he has or would suffer persecution from the state authorities on the basis of either his race, nationality, religion, politicial opinion, and or membership of a social group and that owing to such fear he is unwilling or unable to return to that country where he normally resides. his claim would have to be plausible, credible and he would have to show that he personally was in danger. the decision makers rely heavily on country of origin information reports from various ngo's. possibly the single piece of inconsistency may affect the whole case. they unfairly pay too much emphasis on how one got to this country. one can forget about it if they claim that they dont remember the mode of transport that brought them here, or locations that they were in. or who brought them here. also they may doubt ones identity if they have false passports or no form of id.
he would be expected to have reported his problem to the police authorities / peace keepers, find out if they are investigating. this will be impossible if it is state authorites persecuting him.
he would also be expected to have attempted to have relocate to a safe place in the country. considering that he is from palestine, he would be asked if it was possible if he could return there or anywhere else if he is entitled to citizenship, if any.
it might not be enough that there is war on going. he has to genuinely prove that he/ people in his group have suffered serious harm/persecution. it may be possible that it is non government organisations that are causing problems. if so, one has too prove that the state authorites either allow them to target you and your people because or your race, nationality etc, or prove state authorities are incapable of protecting you.
next, if you come to ireland via entering eu countries and stay there for more than a few hours, they will definitely ask why did you not apply for asylum in those countries. dublin II convention might apply if one stayed in another eu state for more and 1 week or applied for asylum there.(meaning they would be sent back to that eu country who would decide ones claim)
so long as one actually has been persecuted, and their story is credible and plausible and there is a definite threat of serious harm/persecution if returned, then there might be a chance of success. the univerisal defintion of refugee is quite narrow though.
however, one has the right to appeal their case and have various options to them if refused by the RAC.they can appeal to the RAT. if refused refugee status by the RAT and MInister and refused by the High Court by way of Judicial Review (or has no grounds to apply for judicial review) then one has the option of applying for compilementary protection known as subsidiary protection, which covers people who are refused refuge status but have a reasonable believe or a realistic possibility that they would suffer serious harm if returned to to their country by reasons of race,nationality etc... they would also make a humanitarian application to the minister setting out why they should not be deported. (requirements are less strenous)
if your friend arrived in this state, it would be strongly advisable to apply straight away. however, getting refugee status is not easy. the decision makers may find that one is in reality an economic migrant or is in fact avoiding prosecution from the law. then no status will be given. with regard to prosecution one may be able to prove persecution if the punishment is severe in the sense that its not appropriate in that you are been discriminated against by reasons of race, nationality etc... or one would not receive a fair trial. also if one left the country because they refused to do their obligatory miitary service may not succeed, (but there are a few exceptions)
basically just because of the circumstances that are occurring, it does not mean he would have a sure full success. he has to prove that he falls within the refugee defintion. he has to prove that there is a reasonable chance/possibility that he would suffer or has suffered
whatever the outcome, because these issues deal with human rights and political and civil rights, torture etc laws, it is strongly advisable one would seek the service of a laywer who spealises in asylum law. one would be entitled to legal aid in these matters, meaning fees would not be incurred, refugee legal aid service would send your file to a solicitor who would deal with your case. one would have to speak to members of rls about that.
i note i say "you" alot. i dont mean you personally as you are seeking advise for your friend.
