An Ethiopian man has secured High Court permission to challenge the Refugee Appeals Tribunal decision to refuse him asylum here.
Mr Justice Kevin Feeney said information relating to dangers the man faced in his home country should have been taken into account when his case was being considered by the tribunal. On that basis, the judge said the man was entitled to bring judicial review proceedings aimed at overturning the refusal.
A member of the majority Oromo tribe, the man had claimed that as a member of that ethnic group, he was discriminated against, mistreated and oppressed in Ethiopia. The man, who is married with no children and whose family lives in Ethiopia, also says he is a supporter of the Oromo Liberation Front which is fighting the government of Ethiopia.
He claims he was imprisoned for a year without charge or trial and assaulted in jail before eventually escaping and making his way to Kenya from where he travelled to Ireland via a number of countries on false documents. He applied for asylum and is living in Donegal, the court heard.
Mr Justice Feeney noted that the significant issue dealt with by the tribunal when considering the man's asylum application was his credibility. The tribunal found he did not provide truthful information, that the only identification he supplied was an identity card which had been tampered with and that his personal history was not credible.
Mr Justice Feeney said he believed it was "highly improbable" the man had travelled to Ireland on a false document.
The judge was satisfied the tribunal had complied with another judgment which laid down the way in which appeals of this nature must be dealt with. It was clear the tribunal was in a unique position to decide on an applicant's credibility and had had an opportunity to oversee the man's demeanour, he said. However, the judge said, while the tribunal was entitled to believe the applicant's story was not credible, the matter did not end there because there was also a requirement to test his story against the information available on his country of origin.
The tribunal should have considered the available information to suggest there was a risk to him if he returned home, notwithstanding the applicant's lack of credibility, the judge said.
On that basis, the judge said he would allow the man to bring a challenge to the refusal of asylum.