A BULGARIAN national who says he wishes to become a Catholic priest was given leave in the High Court yesterday to seek an order requiring the Minister for Justice to consider him for refugee status.
Mr Marin Bojidarov, North Circular Road, Dublin, was granted leave by Mr Justice Geoghegan to seek a judicial review of the alleged refusal of the Minister to consider an application.
The judge refused an application for a stay on district court proceedings listed for today, saying he did not think he could make such an order. It was separate from the application for refugee status as it related to entry into Ireland without a visa.
Mr Paul Greene, for Mr Bojidarov, reading his client's affidavit, said he arrived in the State on September 15th from London via Holyhead. He had arrived in London on September 11th having flown to Heathrow Airport from Sofia.
Mr Bojidarov said the day after his arrival in Ireland, he attended St Michael's Church in Dun Laoghaire where he met the curate and informed him of his wish to remain indefinitely and of his desire to study towards ordination as a Catholic priest.
Accommodation was arranged for him in the home of a local priest and he met the diocesan director of vocations. He was advised a meeting with the Irish Refugee Council should be arranged to regularise his status in the jurisdiction. He believed this was necessary as, if he were to return to Bulgaria, he would be the subject of religious discrimination and persecution.
The council advised him to go to the Department of Justice offices and complete a questionnaire relating to his application. During his visit to the Department, he was advised he ought to return to Britain and make his application there as that was his first country of safe haven.
He made clear his wish to remain in Ireland. He was then informed by Ms Katherine Grace of the asylum division of the Department that his "refusal to co-operate " meant his application for refugee status was a matter for the immigration division.
He was taken to Harcourt Street garda station and charged under the Aliens Act 1935.
He was remanded and his case was due to be heard today. The criminal proceedings arose from his position as an undocumented alien within Ireland seeking to, make an application for refugee status. His solicitor made formal applications for refugee status but a Mr W. O'Dwyer of the Department had stated that no such application would be considered.
Mr Justice Geoghegan said he did not view the application sympathetically. He said in 1995, (when Mr Bojidarov left Bulgaria) it seemed extraordinary there could be a case of religious persecution against Roman Catholics in Bulgaria. There were other religious problems but he did not think there was discrimination against Catholics.
However, the point made by Mr Greene - that the Minister was not entitled to take the line that as the applicant landed in Britain, the asylum application should only be decided there, and the Irish Minister should not entertain it - made at least an arguable case that the application should be considered.