Sunday 19 November 2017

Terrorist suspect has deportation halted following appeal by lawyers

A stay has been put on his deportation, pending the outcome of Supreme Court proceedings. Stock Image
A stay has been put on his deportation, pending the outcome of Supreme Court proceedings. Stock Image

Tim Healy

THE Supreme Court has halted pending a further hearing the deportation of a man with alleged links to Islamic terrorism following an application by his lawyers.

The three-judge court gave leave to the man's lawyers to challenge an order of the High Court last week permitting his deportation on grounds the case raised a point of general public importance.

It will sit on Thursday to issue a fixed determination order and also deal with any ancillary applications including in relation to the status of the man.

The court heard he is currently detained in Cloverhill Prison in Dublin after he was arrested on Friday following his release from a sentence for having fraudulent travel documents.

The deportation order must be executed with a time limit of 56 days, the court heard.

Among the grounds his lawyers were were that the Minister for Justice's decision to deport was in contravention of European law. The Minister opposed the application.

Following an adjournment to consider the matter, Mr Justice Donal O'Donnell said the court would grant leave but on substantially narrower grounds than had been sought by the applicant.  It would sit on Thursday to issue a determination on that.

Last week in the High Court, Mr Justice Richard Humphreys refused to grant the man permission to bring an appeal against the Minister decision to deport him.

It followed the dismissal by the judge earlier in the month to his challenge to the deportation order.

The man, aged in his 50s and has been living in Ireland for several years, claims he is at serious risk of ill treatment and torture if deported to his native country. 

The deportation order was issued after gardai informed the Department of Justice that the man's activities and associates are "of serious concern" and "contrary to the State's security."

The man, who cannot be identified for legal reasons, denies being involved in terrorism claims he is at risk due to his political views.

The court heard he was convicted and jailed in France for several years for terrorist offences.

It was the State's case the man had been "raising money for jihadists" and he saw "Al Qaeda as a good model to follow."

He was not only convicted of terrorism offences there but also of offences where human life was taken.

On Friday, Mr Justice Humphreys refused to allow the man bring an appeal to the Court of Appeal and lifted a stay preventing him being removed from the state.

However, the judge said no point of law of exception public importance arose.

It was not in the public interest that the man be allowed to appeal, he said.

His lawyers then made an application directly to the Supreme Court.

Online Editors

Promoted Links

Today's news headlines, directly to your inbox every morning.

Promoted Links

Editor's Choice

Also in Irish News