1619575 (Refugee)

This matter concerned an application for a protection visa by an Irish citizen who claimed to fear harm from criminal gangs in Ireland due to outstanding debts. The applicant had a history of criminal convictions in Australia, which led to the cancellation of his student visa and subsequent detention. He lodged his protection visa application after being detained.

The central legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution in Ireland for reasons outlined in section 5J(1) of the Migration Act 1958, and alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Ireland, he faced a real risk of suffering significant harm, as per section 36(2)(aa) of the Act. The Tribunal was required to assess the credibility of the applicant's claims, the evidence provided, and the availability of effective protection measures in Ireland.

The Tribunal found that while the applicant had a history of involvement with criminals in Ireland and had received a Garda Information Message indicating a threat to his life, his evidence was often vague and confused regarding the sequence of events. Crucially, the Tribunal found that a Garda Information Message provided by the applicant had been falsified, with dates altered to support his narrative. Despite accepting that the applicant feared harm from criminals to whom he owed money, the Tribunal was not satisfied that this fear constituted persecution for one of the prescribed reasons. Furthermore, the Tribunal was satisfied that effective protection measures were available in Ireland through its police and judicial systems. Regarding the complementary protection criterion, the Tribunal found that the applicant had not suffered significant harm in the past and, given the passage of time since the threats and his ability to reside in other EU countries or potentially with his father in another country, there were no substantial grounds to believe he would suffer significant harm upon return to Ireland.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not meet the criteria under either section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958.