Type: Judgment

Authority: National Courts: Supreme Courts (Eire) - High Court

Date: 01/18/2007

Subject: The claimant, of Congolese nationality, was born from a Congolese father and Rwandan mother belonging to the Tutsi’s ethnic group. The claimant’s father was a soldier of the army of the President of Congo Mobutu and remained in the army also under the new President Kabila; he died in 1998. When the tensions in Congo increased and President Kabila ordered the troops of Rwanda to leave the Country, a period of bloody and violent killings of Tutsi men began. In this period the claimant was living with his mother, his brother and two sisters, when his house was assaulted on 6 August 1998. His mother was raped and her children, included the claimant, were savagely beaten and all would have been killed if a friend of their father hadn’t intervened to save them. After these events, the claimant arrived in Ireland (on 8 June 2003) and immediately he claimed for asylum to the Irish authorities and in particular to the Refugee Applications Commissioner. The claimant was interviewed several times and explained the situation of danger in which he thought he was. The claim was rejected and so he took legal action. The High Court considered the ground of the claim not plausible and unfounded, also with regard to the incorrect analysis of the real and more recent situation in his Country of origin and of the situation in which he was

Parties: Guylain Maniatu Banzuzi c/ Refugee Appeals Tribunal, The Minister for Justice, equality and law reform

Original language: English

Classification: Freedoms - Art. 19 Prohibition of collective expulsions - Expulsion

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