Man accused of helping Islamic State can be deported
Special High Court hearing held in case taken on grounds of national security
The State has been granted permission to proceed with the deportation of a foreign national whom the High Court was told was recruiting people in Ireland to go and fight abroad for Islamic State. Photograph: Bryan O’Brien/The Irish Times.
The High Court has cleared the way for the deportation of a man who has allegedly been working with individuals associated with Islamic State.
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 with his family for more than 15 years.
The State argued that based on intelligence it had gathered the man, who is aged in his 50s, should be removed on grounds including 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 he has facilitated travel for people involved with Islamic State, also known as Isis, into the Syrian conflict zone and others areas including Iraq and Afghanistan.
He is further alleged to have consulted with and given advice to senior individuals involved in violence outside the jurisdiction.
The man denies all the claims. He fears he may be tortured if he is returned to his home country.
In her ruling, Mr Justice Stewart said in all the circumstances she was satisfied to discharge the injunction previously granted by the court.
The Judge said she was taking account the “very serious” information the State had put before the court. The issue of a threat to national security was something which the court was entitled to take into account, she said. She 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.
In 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.
On December 21st last he obtained a temporary injunction preventing the State removing him from Ireland pending the outcome of his action.
On Monday 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 he 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 the man if deported is at risk of torture, inhuman and degrading treatment because of his political activities .
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.