A Dublin man is taking court action over a ruling which stopped him from applying for an executive job in Northern Ireland.
Mr Ciaran O'Cathain, a native of Dublin now living and working in the North, applied for the £70,000 a year job as deputy chief executive of the Industrial Development Board.
But he was told by the North's Civil Service Commission that his application could not be considered on grounds of his nationality.
He has now been granted leave to apply for a judicial review of the ruling in the High Court in Belfast.
Mr O'Cathain (34), has been director of the Northern Ireland Hotel and Catering College, Portrush, Co Antrim, since 1991, and lives in Portstewart, Co Derry.
He said in an affidavit that the application papers for the IDB post stated that to be eligible for appointment a candidate must be a Commonwealth citizen.
He received a letter from the North's Civil Service Commission stating "I regret to inform you that we are unable to consider your application further as you do not appear to satisfy the nationality requirements as stated in the leaflet already issued to you."
Mr O'Cathain is seeking a declaration that the decision infringes his rights of freedom of movement guaranteed by the European Union's Treaty of Rome.
The case has been set down for hearing on March 19th and 20th.