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03/08/2022
IE: The High Court granted certiorari, ruling that the International Protection Appeals Tribunal's decision erroneously held that there was incomplete country-of-origin information on the dangers faced by persons who have albinism and their families in Malawi.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Ireland, High Court, BC v International Protection Appeals Tribunal & Anor, [2022] IEHC 564, 03 August 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3112
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


The applicant was a Malawian national who alleged that his albino twin sister was murdered and her body parts harvested. The applicant submitted that he was subsequently attacked and he believed it was because those who attacked his sister also planned to kill him for body parts. The Tribunal rejected the applicant’s claim on the basis that the country of origin information did not support a risk to the families of albinos save for one speech by the Malawian president. The Tribunal stated that it did not have the full speech before it and would not hazard a guess as to its contents.


The Court quashed the decision. Meenan J. stated that whilst the Tribunal had stated that it would not hazard a guess as to the full contents of the speech, it was hazarding a guess by finding this country information was not supportive of the applicant.


Certiorari granted


 


Country of Decision
Ireland
Court Name
IE: High Court
Case Number
[2022] IEHC 564
Date of Decision
03/08/2022
Country of Origin
Malawi
Keywords
Assessment of Application
Assessment of evidence/assessment of documents
Country of Origin Information
Medical condition
Membership of a particular social group
Vulnerable Group