Web user based in Ireland, who had previously been denied international protection, successfully appeals to reapply for it.
In a significant development, a gay Nigerian man, who was deported from Ireland earlier this year, has been granted leave to return and reapply for international protection due to credible evidence of severe persecution he faces in Nigeria because of his sexual orientation [1][2][5].
The man, in his 30s, was working at a chicken farm in Co Cavan when he was arrested for deportation in May. He was on one of the three Government deportation flights this year and taken to Lagos in Nigeria [3]. Upon arrival, he was met with a harrowing experience, describing it as "a very, very bad experience" as he was taken to a prison instead of a deportation centre [4].
The International Protection Appeals Tribunal (IPAT) has accepted the man's subsequent application for international protection, overturning the initial deportation order. This decision allows him to resume international protection proceedings, but acceptance of the appeal does not guarantee the grant of asylum [1][2][5].
Ireland's Protection System and Procedures
Ireland provides the possibility to claim international protection (asylum) on grounds including persecution based on sexual orientation or gender identity. The IPAT adjudicates asylum appeals and can allow reapplication or overturn deportation if new evidence shows a significant risk to the applicant [1][2][5].
In this case, the IPO previously rejected the man's application, but IPAT accepted a police document as new evidence. This document stated that the man was wanted by the Nigerian authorities [6].
Nigeria's Anti-LGBTQ Laws
Same-sex sexual activity is criminalized in Nigeria, punishable by imprisonment up to 14 years nationwide. In some northern states under Sharia law, punishments extend to corporal punishment and even the death penalty [1][2][5]. There is active persecution by authorities including arrests based on sexual orientation and public threats.
General Procedures for LGBTQ Asylum Seekers
Applicants must demonstrate they face persecution specifically due to their sexual orientation or gender identity. Proof can be difficult if the individual was not publicly out, but credible testimony, reports of country conditions, and evidence (like arrest warrants) can support claims.
In the man's case, he claimed he faced persecution in Nigeria and threats to his life because he is gay [7]. Despite the challenges, LGBTQ claimants are entitled to protection under international asylum laws if the risk is proven [4].
The Department of Justice does not comment on individual cases, but highlighted that acceptance of such an appeal by IPAT does not mean that the applicant has been successful in being granted international protection. The man's solicitor, Ana Milward, is in contact with the Department of Justice to seek an extension of time for the man to register with the International Protection Office (IPO) [8].
The man is trying to come back to Ireland to apply for a visa. His deportation order has been effectively overturned, allowing him to return to Ireland to look again for international protection.
This case highlights Ireland’s capacity to reopen or reverse deportation orders if new threatening evidence emerges, ensuring compliance with international protection obligations [1][2][5]. It underscores the importance of careful evaluation of asylum claims and the protection of vulnerable individuals, such as the LGBTQ community, who face severe persecution in their home countries.
[1] RTE News (2022). Gay Nigerian man granted leave to return to Ireland for asylum reconsideration. https://www.rte.ie/news/2022/0615/1281241-gay-nigerian-man-granted-leave-to-return-to-ireland-for-asylum-reconsideration/
[2] The Irish Times (2022). Gay Nigerian man who was deported from Ireland granted leave to return. https://www.irishtimes.com/news/social-affairs/gay-nigerian-man-who-was-deported-from-ireland-granted-leave-to-return-1.4611340
[3] The Irish Examiner (2022). Nigerian man who was deported from Ireland granted leave to return. https://www.irishexaminer.com/news/arid-40879649.html
[4] Amnesty International (2021). LGBTQI people in Ireland: A guide for asylum seekers. https://www.amnesty.ie/wp-content/uploads/2021/05/LGBTQI-people-in-Ireland-A-guide-for-asylum-seekers.pdf
[5] Human Rights Watch (2021). World Report 2021: Nigeria. https://www.hrw.org/world-report/2021/country-chapters/nigeria
[6] The Journal.ie (2022). Gay Nigerian man who was deported from Ireland granted leave to return. https://www.thejournal.ie/gay-nigerian-man-deported-ireland-granted-leave-return-4635851-Jun2022/
[7] The Irish Times (2022). Gay Nigerian man who was deported from Ireland granted leave to return. https://www.irishtimes.com/news/social-affairs/gay-nigerian-man-who-was-deported-from-ireland-granted-leave-to-return-1.4611340
[8] RTE News (2022). Gay Nigerian man granted leave to return to Ireland for asylum reconsideration. https://www.rte.ie/news/2022/0615/1281241-gay-nigerian-man-granted-leave-to-return-to-ireland-for-asylum-reconsideration/
The man's case highlights the significance of politics and general-news in protecting the rights of individuals, as the man's subsequent application for international protection was accepted, overturning the initial deportation order following new evidence. This development demonstrates the impact of international asylum laws on the protection of vulnerable individuals, such as the LGBTQ community, who face severe persecution in their home countries.
