Friday 20 July 2018

Minister for Justice again refuses to revoke deportation order against alleged Islamic terrorist

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Aodhan O'Faolain

The Minister for Justice has again refused to revoke a deportation order against an Algerian man with alleged links to Islamic terrorism, the High Court heard.

Last July, the Supreme Court unanimously quashed the Minister's refusal to revoke the deportation order issued in December 2016.

The Supreme Court remitted the man's case back to the Minister for further reconsideration. 

The Supreme Court's ruling came after the man appealed an earlier High Court order which found the Minister's decision that there were no substantial grounds to find that the man would be at real risk of ill treatment if deported to his home country was lawful.

The State had opposed the appeal.

The man's case returned before Mr Justice Richard Humphreys at the High Court on Monday.

David Leonard Bl, for the man, said the Minister, after reconsidering the matter, had informed his client late last month that he was refusing to revoke the deportation order.

Counsel said his client wishes to bring proceedings challenging the Minister's decision.

Counsel for the State, Sinead McGrath Bl, said the man's challenge will be opposed. The State wanted the matter to be heard as soon as possible, she said.

The judge adjourned the matter for two weeks.

The State claims the man, who cannot be named for legal reasons, is involved with Islamic terrorism and was convicted of terrorism offences in Algeria and France.

The Minister issued a deportation order after gardaí informed the Department of Justice the activities of the man and his associates were “of serious concern” and “contrary to the State’s security”.

The man, aged in his 50s and living in Ireland for several years, denies being involved in terrorism or being involved in groups such as Al-Qaeda.

He claims that if deported he is at risk of being tortured and subjected to inhuman or degrading treatment or punishment due to his political views.

During the 1990s, he was convicted of several offences in Algeria and received three life sentences and two death sentences, which are no longer carried out.

Those offences include forming an armed terrorist group intending to spread murder, sabotage, possession of prohibited war weapons assassination, theft intending to harm the security of his home country.

He was also convicted and jailed for eight years following his arrested in France in 2002. 

A French court found him guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.

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