A Somali, who claimed he was kidnapped, tortured and subjected to forced labour in his home country, has won a legal challenge in the High Court against a decision of the Refugee Appeals Tribunal not to declare him a refugee.
In a reserved judgment Ms Justice Mary Faherty quashed the decision and transferred the case to the tribunal for a new hearing.
The judge said the man, who is in his 30s and cannot be identified for legal reasons, claimed to be a member of the Reer Xamar clan in southern Somalia.
He had claimed that during the Somalian Civil War his family had been persecuted by another clan on grounds of race and ethnicity because of their membership of the Reer Xamar clan. His father and two brothers had been killed, his sister kidnapped and forced into marriage and two other brothers had disappeared.
The judge said the man alleged he had been attacked, shot and kidnapped several times. A threat had also been made against him by members of an Islamist terrorist group who believed he was a spy for the then transitional government.
The judge quashed the tribunal decision rejecting the applicant’s appeal in relation to his asylum claim and remitted the case to the tribunal for a new hearing before a different tribunal member.