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Minister’s ‘irrational’ deportation order halted


Four Courts

Four Courts

Four Courts

An “irrational” deportation order by the Minister for Justice against an Iranian who claimed he faces death in his home country has been quashed by a High Court judge.

Ms Justice Mary Faherty said the man was not part of a political party in Iran, but described himself as opposed to the ruling regime in Iran and to “the system of theocracy in that state”.

The 37-year-old Iranian, who cannot be named for legal reasons, had claimed that as a failed asylum seeker he could face arrest, detention and torture if returned to Iran.

He had a deportation order outstanding against him in Ireland since August 2012 and feared serious harm if he was sent home due to “gross and endemic human rights abuses and violations” in Iran.


The man claimed he had been arrested in his home country for allegedly having an interest in and participating in literary and political discussions.

The Minister for Justice, when issuing a deportation order against the man, had found he would not be at risk because he had not been involved in a political party in Iran.

Judge Faherty said she considered the minister’s opinion to deport the man on the basis that he was not a member of a political party to be irrational.

The judge said that mistreatment in Iran was not confined to members of political parties.

She said that persons opposed to the regime in Iran were at risk of serious harm or even death.