Man with alleged links to Islamic terrorism challenges deportation

High Court reserves judgment following submissions

Mr Justice Richard Humphreys said he was reserving judgment and hoped to deliver it next month. Photograph: Courtpix

A High Court judge will rule later on a bid by a man with alleged links to Islamic terrorism to prevent his deportation.

The man says, due to his political views, he is at serious risk of inhuman and degrading treatment if deported to his home country and would be detained at a secret location there.

The man, in his 50s, has been living here for some years. He cannot be identified for legal reasons and reporting restrictions also prohibit identification of his home country.

After the Minister for Justice decided to exclude him from the State, where he has lived for several years, he brought a High Court challenge seeking to quash the deportation order.

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The Minister opposed his proceedings and argues she is entitled to deport him.

After hearing final legal submissions on Thursday, Mr Justice Richard Humphreys said he was reserving judgment and hoped to deliver that next month.

Earlier, in closing submissions for the man, Michael Lynn SC, with David Leonard, instructed by solicitor Gavin Booth of KRW Law, said deportation of the man, given a finding of the Refugee Appeals Tribunal in his case, would breach EU law and article 3 of the European Convention on Human Rights.

The tribunal, when considering the man’s application for subsidiary protection, had found he would be at risk of serious harm from torture or inhuman and degrading treatment or punishment if returned to his native country.

The Minister, represented by Remy Farrell SC and Sinead McGrath, submitted the deportation decision contained no flaw or error of law.

The court previously heard the man was jailed for a period after being convicted of terrorism related offences in France.

He was also convicted, in his absence, of terrorist offences in his native country and faces a lengthy spell in prison if deported, the court was told. He also claims he and his brothers were tortured because of their political views.

The Minister issued the deportation order after An Garda Síochána informed the Department of Justice that activities of the man and associates in Ireland and outside the country are “of serious concern” and “contrary to the State’s security.”

The man rejects the State’s claims he is or ever has been involved in terrorism.