THE HIGH COURT has cleared the way for the deportation of a man who the State alleges has been working with individuals associated with the Islamic State terror group, otherwise known as Isis.
At the High Court this evening Ms Justice Carmel Stewart said she was satisfied to discharge a temporary High Court injunction, obtained by the man last week, preventing the State from acting on a deportation order it had been formally issued in November.
The man, originally from the Middle East and who cannot be identified for legal reasons, had been a resident in Ireland for more than 15 years. Aged in his 50s, the man had lived here with his family.
The State argued that based on intelligence it had gathered the man should be removed on grounds including that he poses a risk to national security. It is claimed he has organised and facilitated travel for individuals prepared to commit violent actions.
It is also alleged the man has facilitated travel for people involved with Isis into the Syrian conflict zone and other zones including Iraq and Afghanistan.
It is further alleged the man has consulted with and given advice to senior individuals involved in violence outside the jurisdiction.
The man strongly denies that he has links to Isis, or that he poses a risk to national security.
He fears he may be tortured if he is returned to his home country.
Threat
In her ruling Ms Justice Stewart said the question for the court was where the justice lay in this case. In all the circumstances she was satisfied to discharge the injunction previously granted by the court.
The Judge said she was taking into account the “very serious” information the State had put before the court concerning the man and his alleged activities.
The issue of a threat to national security was something which the court was entitled to take into account she said.
The Judge also said she did not accept there had been any delay by the State in formally issuing the deportation order.
The man is expected to appeal the ruling to the Court of Appeal.
The court heard following his arrival in Ireland the man originally applied for asylum. He withdrew the application and was granted residency on the basis he is the father of an Irish-born child.
Last March he was informed by the State his residency permit was not being renewed and he could be the subject of a deportation order. This was because his Irish-born child was spending most of his time in the man’s native country.
The deportation order was confirmed in late November. Through his lawyers the man launched High Court judicial review proceedings challenging the order to remove him from the State.
National security
On 21 December he obtained a temporary injunction preventing the State removing him from Ireland pending the outcome of his action.
Today, lawyers acting on behalf of the Minister for Justice sought to have the injunction set aside, on national security grounds.
Represented by Remy Farrell SC the minister said it was in the public interest that the man be deported.
Counsel said the man’s High Court actions could proceed even if he was outside the State.
The man, represented by Michael Lynn SC, denied the allegations made against him. Mr Lynn said if deported the man is at risk because of his political activities of being subject to torture and inhuman and degrading treatment.
Counsel said the greatest injustice in this case would be to discontinue the injunction because the central allegation being made against the man by the State was in dispute.
Counsel said the court would be in breach of Article 3 of the European Convention on Human Rights, which prohibits torture, if the injunction was to be removed.
This is because of the credible fear the man has of being arrested, and detained in his native country. Once this credible fear has been established the court could not allow the man to be deported until his case has been fully determined.
Counsel said reports from groups including Amnesty International have highlighted the abuse many people in the man’s native country endure, such as beatings and sexual abuse, if they are detained on suspicion of having links to the likes of Isis.
Questioning the urgency of the state’s application to set aside the injunction, counsel said there had been a delay between March and November this year, or from when it was first indicated that the man could be deported to when the order was finally issued.
The injunction should remain in place until the actions have been heard and the matter could be heard quickly, counsel added.
The state denied there was any delay on its part.
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