THE HIGH COURT has cleared the way for the deportation to Jordan of a man allegedly involved with Islamic terrorists.
The State alleges the man is the “foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of Isil and its “main recruiter” in Ireland.
The man, who cannot be identified for legal reasons, denies claims he has consulted with senior violent extremist leaders outside of Ireland, represents a threat to national security or recruits members for Islamic extremist groups.
He claims he was tortured in Jordan during the 1990s due to his political activities and fears being tortured if returned there.
At a late sitting of the High Court this evening Mr Justice Richard Humphreys, who last month dismissed the man’s actions aimed at preventing his deportation, refused to allow him bring an appeal before the Court of Appeal.
The judge also refused the man’s application to have the case referred to the Strasbourg-based European Court of Human Rights (ECHR.)
The man, represented by Michael Lynn SC and David Leonard Bl, sought permission to bring an appeal against the judge’s decision, arguing the case raised a number of points of law of exceptional importance that need to be determined by the Court of Appeal.
The Minister, represented by Remy Farrell SC and Conor Power SC, opposed the application arguing that no point of law of exceptional importance had been raised.
In his ruling the judge, who said he would give detailed reasons for his decision at a later date, agreed with the Minister that no point of law of exceptional public importance had been raised.
The man also sought a stay on any deportation order to allow his lawyers apply to the Supreme Court and the ECHR.
The judge also refused that application and said the case had been before a number of different courts, including the ECHR and had been determined by the High Court. There was no merit in allowing any further stay on the Minister’s decision, he added.
While the court’s decision clears the way for the Minister to deport the man, it is believed his lawyers will continue to pursue the matter in a bid to prevent his deportation.
The man was not in court for the ruling.
He has lived here since 2000, on the basis of having an Irish citizen child. Last year, the authorities decided not to renew his residency permit because the child had not been residing in the State and was living with his mother elsewhere.
After being told the State wanted to deport him, the man sought asylum and alleged the Minister has unlawfully refused to make a decision on his application. The decision to deport him breached his rights under Article 3 of the European Convention of Human Rights, he claimed.
In his proceedings, he sought orders setting aside the deportation order and compelling the minister accept his application for asylum. He also asked the court to find he does not require the minister’s consent to apply under the 1996 Refugee Act for a declaration of refugee status.
In his judgment last month Mr Justice Humphreys said this was not a case where a person who had previously been tortured was being deported to face further torture. Rather it was a case where the man had failed to persuade the minister “either of the veracity of his account of previous ill treatment or of a real risk of future ill treatment”.
The minister had weighed up the man’s claims concerning past torture and fears of future torture if returned to Jordan and the man had failed to show the minister’s decision was unreasonable or any illegality in her assessment of his case.
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