Tribunal rules that the Muslim businessman, who said he was assaulted by cow vigilantes, must be given asylum
This is the second known case of a Mumbai-based meat trader successfully gaining asylum abroad. Representation pic/istock
A buffalo meat trader from Mumbai has been granted asylum in Ireland after the Dublin-based International Protection Appeals Tribunal (IPAT) ruled that he would face religious persecution if he returned to India. The 50-year-old businessman and his two sons, whose names cannot be disclosed, fled Mumbai in August 2017 and arrived in Dublin on August 20, 2017, after travelling through the UK.
ADVERTISEMENT
MID-DAY can now reveal that, after seven years of legal battles, including an appeal to the High Court of Ireland, the businessman received a “refugee declaration” from Tribunal Member Mary Forde in March 2024. The judgment, accessed by mid-day, highlights multiple failures by law enforcement agencies in India.
According to court documents, on June 17, 2017, the businessman and his son were transporting buffalo meat in a truck when they were stopped and assaulted by “cow vigilantes.” Despite filing an FIR, he claimed the police took no further action. On June 28, 2017, a mob stormed his office and attacked an employee. When he approached the police again, they allegedly advised him to stop dealing in buffalo meat instead of offering protection.
The 50-year-old businessman and his two sons had fled Mumbai in 2017. Representation pic/istock
Fearing for his life, the businessman temporarily shut his business and moved residences. However, a neighbour warned him that a mob had gathered outside his home, vowing to find and kill him. His three children were forced to stop attending school.
Ironically, on August 15, 2017—India’s Independence Day—the businessman and his two sons fled to the UK. After spending three nights there, they travelled to Dublin and applied for asylum on August 21, 2017. In support of his application, he submitted proof of his Indian nationality, a copy of the FIR, registration certificates of his business, and photos of the injuries he sustained in the attack.
However, his asylum request faced several legal hurdles. In July 2019, the International Protection Office—responsible for assessing asylum applications—rejected his claim, arguing that he could seek protection from Indian authorities. The case eventually reached the High Court of Ireland, where, in October 2022, Justice Siobhán Phelan overturned the decision and ordered the tribunal to reconsider his case by a different Tribunal Member.
In her ruling, Tribunal Member Mary Forde stated, “The tribunal is satisfied that the persecution faced by the appellant is connected to his religion.” The tribunal also cited the 2022 U S Department of State Human Rights Report on India, which noted that authorities often failed to prosecute perpetrators of cow vigilante attacks, including killings, mob violence, and intimidation. Several news reports and findings from human rights organisations were also considered.
This is the second known case of a Mumbai-based meat trader successfully gaining asylum abroad, the first being in Canada in 2018. Generally, asylum claims by Indian nationals are challenging to win in Europe and the West due to India's democratic and secular framework. Courts often recommend internal relocation within India instead of granting asylum. However, this ruling suggests that Western judicial bodies are increasingly recognising the growing threats posed by cow vigilante groups in India.
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
