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Court clears the way for man with links to Islamic terrorism to be deported

The man’s removal from Ireland is expected to take place shortly.

Image: Leah Farrell/RollingNews.ie

THE HIGH COURT has cleared the way for the state to deport a man with alleged links to Islamic terrorism.

The man’s removal from Ireland is expected to take place shortly following a ruling by Mr Justice Richard Humphreys this evening.

The judge refused to give the man permission to bring an appeal against the Minister for Justice’s decision to deport him to the Court of Appeal.

Earlier this month the judge dismissed the man’s challenge against the Minister’s decision that he should be deported.

The man, aged in his 50s and had been living in Ireland for several years, claims he is at serious risk of ill treatment and torture if deported to his native country.

The deportation order against the man was issued after An Garda Siochana informed the Dept of Justice that the man’s activities and associates are “of serious concern” and “contrary to the State’s security.”

A risk

The man, who cannot be identified for legal reasons, and denies being involved in terrorism claims he is at risk due to his political views.

However the court heard that the state considers him a risk to national security on several grounds.

Remy Farrell SC for the Minister told the High Court that the man was convicted and jailed in France for several years for terrorist offences.

It is the State’s case that the man had been “raising money for jihadists” and he saw “Al Qaeda as a good model to follow,” counsel said.

The man in his native country had “a central role” with a militant Islamic group dedicated to imposing sharia law counsel said. The man was not only convicted of terrorism offences there but also of offences where human life was taken, counsel added.

In his ruling, Mr Justice Humphreys refused to allow the man bring an appeal to the Court of Appeal.

The judge also ordered that the stay on the man’s deportation be discharged forthwith, and that the reporting restriction on his country of origin be continued for a period of two months after the removal takes place.

The judge said no point of law of exception public importance arose. In addition it was not in the public interest that the man be allowed to appeal to the Court of Appeal, the judge added.

The judge also refused to extend the stay for an additional period to allow the man’s lawyers seek to have the matter appealed directly to the Supreme Court.

David Leonard Bl for the man said his client would be applying to have his case heard by the Supreme Court on the grounds the appeal raised a point of general public importance.

He asked the judge for a short stay on the deportation order so an application can be made to the Supreme Court to consider the appeal and that his client’s status in Ireland be preserved.

Remy Farrell appearing with Sinead McGrath Bl for the Minister opposed the application. Mr Farrell, who said the man had been arrested and was currently in detention pending his deportation following his release from prison.

Prison

The man had been serving a prison sentence after he was found in possession of false travel documentation while trying to leave the state.

Counsel said the Minister considered the man a risk to national security, even while in prison in the state.

However in reply Mr Leonard said there was no evidence of this. In his action the man claimed his exclusion from the state was unlawful and in breach both EU law and Article 3 of the European Convention on Human Rights.

This was because the Irish Refugee Appeals Tribunal, which considered the man’s application for subsidiary protection, found that he would be at risk of serious harm or torture if returned to his native country.

The Minister had opposed the action.

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Aodhan O Faolain

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