Sex offender fails in challenge to denial of deportation to Ireland

A convicted sex offender has failed in a legal challenge to British authorities denying him deportation to the Republic of Ireland.

Edmund Doherty claimed a refusal by the British home secretary to let him cross the Border to serve a period on licence discriminated against him as an Irish national.

His lawyers also argued that the stance breached his rights as a citizen of the European Union.

But a High Court judge in Belfast dismissed his case on Friday after ruling that he is subject to a lawful sentence imposed within the UK.

Doherty, a former construction worker who grew up in Derry, moved to Dublin in 2008 after meeting his partner.

In May 2012 he received a six-year sentence after being convicted of sexual offences against a minor. He served half that period in jail, but remains on licence until May 2018.

During that period he is banned from travelling outside the UK without permission from a probation officer.

He has signed a declaration renouncing his British citizenship and is now recognised as an Irish national.

Judicial review proceedings were issued after the home secretary turned down his request for removal from the UK.

The authorities pointed out that deportation of Irish nationals is only regarded to be in the public interests in exceptional cases.

Doherty’s lawyers claimed he was disadvantaged by a “special relationship” policy between the British and Irish goverments offering protection from deportation.

They contended that his removal would have been ordered if he was a national of any other EU member state in a similar situation.

It was further argued that the refusal should be declared in breach of his Article 8 rights to private and family life under the European Convention.

However, Mr Justice Colton held that Doherty has no legally enforceable right to deportation.

The judge also concluded that his Article 8 rights were taken into account in a number of visits to his partner supervised by probation.

Mr Justice Colton further ruled that the policy between the two governments on dealing with Irish foreign national offenders was lawful and proportionate.

He added: “Any difference that exists from other nationals is justified because of the special relationship that exists in terms of travel between the UK and Ireland, something which the European Union has recognised.”