A man who claims he was a victim of abuse at an Irish industrial school 60 years ago, has begun judicial review proceedings in the High Court.
He is seeking to have the Residential Institutions Redress Board consider his application for compensation.
The 74-year-old, who has lived in the midlands in the UK since 1955, is seeking to overturn the RIRB's decision not to consider his application because it was made too late.
The applicant claims he was seriously abused while a resident at an industrial school in the south of the country from 1947 to 1953.
Two years later he moved to England, where he has lived ever since.
He was unaware of the RIRB compensation scheme until he saw a newspaper advertisement in late November 2005.
The scheme formally closed two weeks later, but the man did not know how to apply and was not aware of the closing date.
However, after attending an Irish centre in early 2006, the man applied to the board in February of that year.
The legislation governing the RIRB states that late applications would be considered where the applicant is of unsound mind or where there have been exceptional circumstances.
RIRB rejected man's application
The board rejected the man's application in May 2006 and May 2007 because it was made too late and was therefore 'out of time'.
The man then joined 17 others in taking High Court proceedings challenging the board's refusal to process their applications because they were too late.
This action was settled when the RIRB agreed to hold special oral hearings into the applicants' cases.
These took place in October 2008, but later that year the board again rejected the man's application on the basis it was made too late, and failed to find exceptional circumstances to allow it to proceed.
As a result, the man is taking judicial review proceedings seeking a number of declarations.
These include having the board's decision not to hear his application declared wrong, a declaration that his circumstances were exceptional within the meaning of the legislation and a declaration overturning the board's decision.
He is arguing the RIRB failed to consider his lack of familiarity with legal documents, his ignorance of how to complete the application form, his failure to appreciate the deadline for submission, his lack of literary skills and social isolation from the Irish community where he lived.
Lawyers for the RIRB said the man did nothing during the two weeks between when he found out about the scheme and when its deadline for applications passed.
Senior Counsel Kevin Cross said the board had bent over backwards to satisfy the man.
Mr Cross said that if the court granted the applications being sought by the man, anyone at any stage into the future could argue that even though they had not heard about the scheme they were still entitled to compensation.
The case continues before Mr Justice O'Keeffe tomorrow.
