Wednesday 28 September 2016

Ruling on deportation of 'Isil recruiter' as soon as possible

Aodhan O'Faolain

Published 14/01/2016 | 02:30

Mr Justice Michael Peart
Mr Justice Michael Peart

The Court of Appeal will rule "as soon as possible" on an application by a man allegedly involved with Islamic extremists aimed at preventing his deportation from Ireland.

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Plans to remove the man were put on hold earlier this month when the European Court of Human Rights (ECHR) asked the State not to proceed until legal proceedings he has brought arising out of the decision to deport him have been resolved.

The man's lawyers claim the central issue in the case is whether there is an absolute ban under Article 3 of the European Convention on Human Rights on a state removing a person who fears being tortured until their legal action has been fully determined.

The State argues that exceptions exist allowing it to deport him before his case is heard. It claims he is a threat to national security because of his alleged links to the Middle Eastern terrorist group known as Isil, and this was such an exception.

It is expected that the man will remain in Ireland until the ECHR has dealt with his case or if proceedings he has brought before the Irish Courts are concluded.

The man, who cannot be identified, obtained a temporary injunction preventing his deportation last month.

That order was discharged following an application to the High Court by the State. That decision was then appealed to the Court of Appeal.

The man, who fears being tortured if he is deported due to his political activities, denies claims by the State that he has acted for Isil or represents a threat to national security.

The State alleges he is "the foremost organiser and facilitator of travel by extremists prepared to undertake violent action" on behalf of Isil and the "main recruiter" in Ireland for the militant group.

The Court of Appeal heard yesterday that any further hearings in the case were unlikely to begin for a matter of weeks or months. Mr Justice Michael Peart, presiding, said it was preferable that the Court of App- eal gave its ruling on the man's appeal "as soon as possible".

The man had secured residency here on the basis of the birth of his son, who is an Irish citizen.

Irish Independent

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