Appeal: one man's story

The circuitous experience 'Stoanov' had before the Refugee Appeals Tribunal.

The circuitous experience 'Stoanov' had before the Refugee Appeals Tribunal.

Stoanov is a handsome young man in his 30s, with an open face and engaging manner. He grew up in a rural town in the Balkans, where homosexuality was illegal under the communist regime. Even after recent changes in the law, the years of prohibition have, he says, coloured social attitudes.

Stoanov, which is not his real name, is gay. In the 1990s he was in a relationship with a man whose family was connected to the government.

The family blamed Stoanov for "corrupting" their son, and had him beaten up by their bodyguards on four occasions between 1998 and 1999.

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He was hospitalised with injuries ranging from a broken arm, a fracture of the skull over his left eye (he still bears the scar), a broken chin and broken nose. He reported this to the police, but was told they had more important things to do.

Fearing that the next beating would kill him, and informed of threats to his family, he fled the country in 2000 and arrived in Ireland, where he sought asylum, armed with his medical records and a copy of his report to the police.

He based his claim for asylum on his membership of a social group based on his sexual orientation, and the difficulties he had with a family closely linked to the government.

His application to the Refugee Applications Commissioner was unsuccessful, and he appealed the decision to the Refugee Appeals Tribunal, where the appeal failed.

He took judicial review proceedings challenging the fairness of the hearing.

This was settled without his complaints being aired in court, and he obtained a new hearing.

Back in the appeals tribunal his appeal was again rejected. He sought another judicial review. This was again settled by the tribunal, again avoiding the airing of his allegations.

Although The Irish Times is aware of the basis of his judicial review claim, this cannot be published because it was not opened in court. He is now in the process of his third appeal before the Refugee Appeals Tribunal.