A native of the Angolan province of Cabinda has claimed he was refused refugee status here because of "irrelevant considerations" including that he appeared at a hearing before the Asylum Appeals Authority wearing a designer suit and expensive gold jewellery and was arrogant.
Mr Justice Butler gave Mr Benvindo Avelino Tanguy Nelson (34), with an address at Amiens Street, Dublin, leave to seek orders quashing decisions of the Minister for Justice, and of Ms Una McGurk, of the AAA, refusing him refugee status.
Mr Nelson said in his statement that Ms McGurk took account of irrelevant considerations in reaching her recommendation.
Ms McGurk is quoted as having stated: ". . . the appellant is purported [sic] to give an impression of being an idealist, but everything about his demeanour and his dress suggest otherwise. He was exceptionally well dressed . . . throughout the course of his appeal, and wore expensive gold jewellery, i.e. rings on his fingers. I note a similar observation by the Department assessor at the appellant's original interview on September 30th, 1998".
Ms McGurk is also quoted as having found Mr Nelson to be arrogant in responding to questions. She was stated to have said ". . . there was nothing in this appellant's demeanour or the manner of his responses which could give rise even on the most liberal interpretation to any subjective fear of persecution".
Mr Nelson, in an affidavit, said his parents were involved in the struggle for Angolan independence from the Portuguese and their ultimate aim had been to secure independence for Cabinda from Angola. His father was killed in fighting in 1973 and his mother died in prison in 1971.
He supported an attempt by Cabinda to obtain independence and was detained for 1,000 days. He was released but later detained and tortured before seeking asylum in Ireland.