Isil suspect loses court bid to apply for asylum
Published 25/06/2016 | 02:30
The man authorities believe to be the foremost Irish-based "organiser and facilitator" of Isil fighters has lost High Court proceedings ultimately aimed at blocking his deportation.
Mr Justice Richard Humphreys dismissed a request for orders compelling Justice Minister Frances Fitzgerald to consider an application for asylum made by the man after he learned last year he was to be deported.
The judge also rejected an application seeking to allow the man apply for refugee status without the Minister's consent.
The father-of-four, who cannot be identified by order of the court, is to appeal the judgment.
The man, a Jordanian national, has lived in Ireland since 2000 and attained residency as the father of an Irish-born child.
But authorities refused to renew that residency in February last year and the following month informed him he was to be deported as he "was believed to be an organiser for Islamic State".
The deportation order has yet to be executed due to the intervention of the European Court of Human Rights, which is examining the case.
The man alleged in the High Court proceedings that he had been tortured due to his religious and political beliefs by security services in his home country between 1993 and 1995.
In particular, he claimed to have been subjected to 'falanga', a form of torture involving the beating of the feet.
He also claimed the Justice Minister had not given due weight to this and the potential for further torture in deciding to refuse to allow him apply for asylum following the notice of deportation last year.
However, Mr Justice Humphreys rejected his arguments, saying he had not demonstrated a real risk of future ill-treatment.
"Jordan is very far from the international pariah that the applicant would have the court believe," the judge said, adding the man had failed to show that the Minister's decision-making had been unreasonable.
In the aftermath of the hearing, the man's solicitor, human rights lawyer Darragh Mackin, told the Irish Independent: "We have read and considered the judgment and we intend to appeal."
A previous court hearing was told that gardaí suspected the man was a "recruiter" of Islamic terrorists who "makes travel arrangements" for others to fight abroad in countries such as Syria, Iraq and Afghanistan.
He was described as "a senior operative of Isil" and its "foremost organiser and facilitator within the State".
The man denies the allegations.
Further hearings were told the man's son had been detained twice in the space of a year by Jordanian intelligence, but was subsequently released.
The court also heard that an associate of the man was killed in the Syrian conflict.
It was not made clear what faction the associate was fighting for.