A man who claims he cannot return to his native Georgia because he will be subjected to anti-gay violence and intimidation is entitled to a fresh consideration of his application for asylum due to fundamental flaws in a decision refusing asylum, the High Court has ruled.
The man, who cannot be named, is 31 and came here in February 2007. He immediately applied for refugee status which was refused.
In 2012, a Refugee Appeals Tribunal dismissed his appeal against a refusal of asylum and he then brought a High Court challenge.
Yesterday, Mr Justice Paul McDermott said he was satisfied to quash the tribunal decision and remit the case back for re-consideration by another tribunal.
The judge said the decision was fundamentally flawed and did not properly address whether the man was gay.
The tribunal also failed to attach due weight to information from various sources which stated gay people in Georgia were subject to discrimination and violence and the authorities there tolerated such discrimination.