Tuesday 27 September 2016

Justice minister noted all considerations before issuing deportation order for man allegedly involved with Islamic terrorists, High Court hears

Aodhan O'Faolain

Published 04/03/2016 | 17:19

Photo: Getty Images/Ingram Publishing
Photo: Getty Images/Ingram Publishing

THE Minister for Justice took into account all relevant considerations before issuing a deportation order for a man allegedly involved with Islamic terrorists, the High Court heard.

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The man, who cannot be identified for legal reasons, has brought a challenge aimed at preventing his deportation to Jordan.

He denies the State's claims he has consulted with senior violent extremist leaders outside Ireland, or that he represents a threat to national security. It is also claimed he made travel arrangements for and recruits members for Islamic extremist group Isil.In his action, he claims he was tortured in Jordan during the 1990s due to his political activities, and faces being tortured if he is sent back.

On the third day of the hearing before Mr Justice Richard Humphreys, Conor Power SC, for the Minister, rejected arguments on behalf of the man that there was a failure to properly take into account the risk of the man being tortured if deported to Jordan.

The Minister had considered all evidence submitted on the man's behalf, before deciding to issue a deportation order.

Counsel said that there were a number of "inconsistencies and contradictions" in applications for asylum that were made by the man in 2015.

There was no mention of being tortured when submitting his first application for asylum back in 2000.

The court was told evidence submitted on behalf of the man showed it was possible he was at risk due to his opposition to the regime in Jordan if he was returned to that country.

However, counsel argued, that evidence "did not go beyond 'possible', and it must go beyond the possible."

The mere possibility of the man receiving ill treatment from the Jordanian authorities was not enough to prevent the Minister from issuing a deportation order.

Counsel also said that since leaving Jordan he made three requests to that country for consular assistance in relation to his passport.

His close relatives are living in Jordan.

While the man's son had been arrested and detained without charge in Jordan, there was no evidence before the Minister that they had asked him about his father's whereabouts, counsel said.

The man has resided in Ireland since 2000, on the basis he has an Irish citizen child. Last year the authorities decided not to renew his residency permit because child had not been residing in the State.

He was then informed the State wants to deport him. He then applied for asylum, but claims the Minister for Justice refused to make a decision on on his application.

The case resumes next week.

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