Saturday 22 July 2017

Man arrested on suspicion of terrorism will be deported tomorrow morning, court rules

The High Court, Dublin
The High Court, Dublin

Aodhan O'Faolain

AN Algerian man recently arrested on suspicion of involvement in terrorism is set to be deported on Tuesday morning after the High Court dismissed proceedings aimed at preventing deportation.

The man who has been living in Ireland since 2012, and cannot be named for legal reasons, had brought legal challenges against a removal order issued by the Minister for Justice in April.   

He claimed he would be tortured and subjected to inhuman and degrading treatment if returned to Algeria  due to his "imputed political opinion."

On Monday, Ms Justice Miriam O'Regan dismissed the man's claims and cleared the way for the authorities to deport him.

The man had sought permission to challenge the Minister's refusal to allow remain in Ireland until his application to re-enter the asylum process had been determined.

He also applied for an injunction preventing his removal until that application had been determined.

In her ruling, the judge said she was quite satisfied to dismiss the action after hearing evidence from a detective garda with the Garda Bureau of National Immigration that the man has travelled over and back to Algeria since arriving in Ireland.

Det Gda David Kennedy told the court that the man admitted in an interview he spent the entire of the Islamic holy month of Ramadan in 2016 in Algeria.

The man went to Algeria via Barcelona before returning to Ireland through Paris. The court was also presented with the man's passport.

The judge said the man's application was "entirely abusive" and she was quite satisfied the man had "no fear whatsoever of being returned to Algeria."

Not only was the man's application an abuse of the system but was also damaging and unfair to "genuine asylum seekers", she said.

The judge was told the man was scheduled to be put on a flight due to leave Dublin at 7am on Tuesday morning.

In separate proceedings brought almost two weeks ago, the High Court refused to grant him permission to challenge the Minister's refusal to revoke the deportation order.

The man secured a temporary injunction preventing his deportation until the matter came before the Court of Appeal.

However he did not progress his appeal and instead opted to bring new proceedings aimed at preventing his deportation.

The State opposed the action before Ms Justice O'Regan, claiming it an abuse of process that should be dismissed.

The High Court had previously heard the man, who was tried and acquitted of a terrorist offence in Algeria in 2009 was arrested and detained by the gardai in Dublin some weeks ago before being released.  

The man denies having any "connection or interest in terrorist activities" and says he is a "peace loving person."  

In a sworn statement, he said because he was tried for terrorism offences in Algeria, coupled with the fact he was arrested in Ireland, would draw the Algerian authorities attention to him

He claimed he would be "in grave danger" if returned to Algeria.

If deported he claimed he would most likely on arrival "be taken into custody and mistreated" in one of "the notorious places of detention".

He applied for asylum shortly after his arrival in Ireland.

His application was based on his claim that he had worked for an Algerian charity, whose head supported Al Qaeda in Algeria.

Arising out of the his former boss's activities the man says he was arrested, detained and tortured by the Algerian authorities.

His application for asylum was refused in 2013  He then made an application for subsidiary protection, which was deemed withdrawn after he failed to attend an interview with the authorities.

The man underwent a marriage to an EU citizen which was found to be a sham.  The State then revoked residency rights he acquired as a result of the marriage.

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