A High Court judge has ruled that a 36-year-old gay Iranian man can have his application for asylum reconsidered.
The man, who arrived in Ireland in 2007, claims he was raped by the son of an Iranian state police colonel.
As reported by the Irish Independent the man alleges the colonel appeared during the rape and took a photo. This picture was then showed to the victim's mother.
The colonel's son and unidentified man were neighbors. He was invited to the son's apartment to watch gay pornography. The attack started and the man relented when told the colonel would be told it was him who provided the pornography.
After escaping the country, the man arrived in Ireland. He applied for asylum but was denied at first stage and appeal. When he took his case to the High Court, it was decided the Refugee Appeals Tribunal should hear the case.
The tribunal turned down the application. The applicant's lawyers asked the High Court to block this decision.
Justice Colm Mac Eochaidh agreed with the lawyers and the case was sent back to the tribunal.
The judge questioned the tribunal's findings the man was not gay.
According to the Irish Independent the judge wrote 'the tribunal's findings that the alleged pictures cast doubt on his claim to be gay was irrational and illegal.'