Tuesday 27 September 2016

'Main Isis recruiter in Ireland' cannot bring appeal against deportation order

Aodhan O'Faolain

Published 04/07/2016 | 20:07

High Court (Stock photo)
High Court (Stock photo)

The High Court has refused to allow a man to bring an appeal against an order for his deportation to Jordan over alleged links with Islamic terrorists.

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The State alleges the man is the "foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of Isil and its “main recruiter” in Ireland.

The man, who cannot be identified for legal reasons, denies the claims. He denies he has consulted with senior violent extremist leaders outside Ireland, represents a threat to national security or recruits members for Islamic extremist groups.

He claims he was tortured in Jordan during the 1990s due to his political activities and faced being tortured if returned there.

At the High Court Monday, Mr Justice Richard Humphreys, who last month dismissed the man's actions aimed at preventing his deportation, refused to allow him bring an appeal before the Court of Appeal.

The Judge also refused the man's application to have the case referred to the Strasbourg-based European Court of Human Rights (ECHR.)

The man sought permission to bring an appeal against the Judge's decision, arguing the case raised a number of points of law of exception importance that need to be determined by the Court of Appeal.

The Minister for Justice, opposed the application arguing that no point of law of exception importance had been raised.

The judge said he would give detailed reasons for his decision at a later date.

The man was not in court for the ruling.

He has lived here since 2000, on the basis of having an Irish citizen child. Last year, the authorities decided not to renew his residency permit because the child had not been residing in the State and was living with his mother elsewhere.

After being told the State wanted to deport him, the man sought asylum and alleged the Minister has unlawfully refused to make a decision on his application. The decision to deport him breached his rights under Article 3 of the European Convention of Human Rights, he claimed.

In his proceedings, he sought orders setting aside the deportation order and compelling the Minister accept his application for asylum.

He also asked the court to find he does not require the Minister's consent to apply under the 1996 Refugee Act for a declaration of refugee status.

In his judgment last month Mr Justice Humphreys said this was not a case where a person who had previously been tortured was being deported to face further torture. Rather it was a case where the man had failed to persuade the Minister "either of the veracity of his account of previous ill treatment or of a real risk of future ill treatment".

The Minister had weighed up the mans' claims concerning past torture and fears of future torture if returned to Jordan and the man had failed to show the Minister's decision was unreasonable or any illegality in her assessment of his case.

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