Plans to deport a man allegedly involved with Islamic State have been put on hold following a dramatic intervention by the European Court of Human Rights.
The man, who cannot be identified for legal reasons, has asked the Court of Appeal to overturn a High Court order lifting an injunction which had restrained his deportation to a Middle Eastern country. The appeal court adjourned further consideration until January 13th.
The court heard the man feared being tortured if he is deported. He denies acting on behalf of Islamic State, also known as Isis, or representing a threat to national security. He was unable to attend court yesterday due to ill health.
The State, which alleges the man is “the foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of Islamic State, opposed the appeal.
Temporary order
As the hearing before Mr
Justice Michael Peart
, Mr
Justice Garrett Sheehan
and Mr
Justice Alan Mahon
was drawing to a close yesterday evening, Remy Farrell SC, who appeared with barrister
Anna Courtney
for the State, told the court the Strasbourg-based European Court of Human Rights had made a temporary order preventing deportation of the man from Ireland where he has resided for the last 15 years. That order will stay in place until proceedings have concluded.
The European court's injunction, Mr Farrell said, "changed the landscape". He asked the court to continue to hear the case and give judgment later.
Michael Lynn SC, who appeared with barrister David Leonard and Conor O'Briain Solicitors for the man, said the application to the European court had been made because there was no automatic stay on a deportation order in Irish law whenever an issue under article 3 of the European Convention on Human Rights, prohibiting torture, is raised in a case.
Submissions
He said the man had made the application to the European Court of Human Rights for an interim order but it had not been believed a decision would have been made so soon. After hearing the conclusion of submissions from both parties, the court adjourned the case to January 13th next.
The appeal court said the European court’s intervention meant it would not be required to give its decision in the coming days.
The man had been told he must leave the State before December 30th and, failing to do that, must report to the Garda National Immigration Bureau by January 5th for deportation.
In his appeal, the man, who is married, sought to overturn a recent decision of the High Court clearing the way for deportation to the Middle East.
He secured residency on the basis of the birth of his son. In March last he was told the Irish authorities intended to deport him.
His residency permit was not renewed because his son has been living overseas with his mother for the last number of years. Since then, the boy has returned to Ireland.
The man launched several legal actions arising out of the decisions to deport him, which are pending before the courts.