A 52-year-old father of four who faced imminent deportation for allegedly recruiting sympathisers in Ireland to fight for Islamic extremists in the Middle East was on Tuesday granted a stay on his deportation until Wednesday.
Mr Justice Michael Peart of the Court of Appeal, sitting alone, granted the stay until a three-person court fully hears the man’s appeal at 2pm on Wednesday.
The man, who denies he is a recruiter for the so-called Islamic State, cannot be named for legal reasons.
His lawyers had lodged papers with the Court of Appeal on Tuesday, which it had asked to sit as soon as possible.
The man has been living in Ireland for the last 15 years and secured residency here on the basis of the birth of his 15-year-old son.
In March last, due to the Government's belief he was recruiting for Islamic extremists in Syria, Afghanistan and Iraq, he was told the Irish authorities intended to deport him.
On December 21st the man obtained a High Court injunction restraining his deportation but that ruling, on an application by the Department of Justice on Monday, was overturned by Ms Justice Carmel Stewart.
Ms Justice Stewart said the question for the court was where the greater injustice lay - maintaining or lifting the injunction.
National security
The issue of a threat to national security was something the judge said she was entitled to take into account.
The man had been described in court on Monday as “the foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of Isil.
He claims he is a bona fide refugee applicant who would suffer inhuman and degrading treatment, torture and “even fatal consequences” if returned to a Middle Eastern country.
Ms Justice Stewart was told by a senior Department of Justice official that, based on intelligence amassed by gardaí and their counterparts in other jurisdictions, the State believed the man was consulted by and gave directions to senior violent extremist leaders outside Ireland.
The judge, discharging the injunction previously granted to the man, said she took into account the very serious information the State had put before the court concerning his alleged activities.