Court challenge by man with alleged terror links adjourned

Man says decision to deport him ignores refugee tribunal’s finding of torture risk

A man with alleged links to Islamic terrorism will resume a legal challenge at the High Court next week aimed at preventing his deportation.

Lawyers for the man, whose identity and nationality cannot be published by court order, say he faces a risk of torture and inhuman and degrading treatment and would face detention in a secret location in his home country where he would be “incommunicado”.

The man, aged in his 50s and living here for some years, claims he is at risk due to his political views and that he and his brothers were previously tortured.

The Refugee Appeals Tribunal, which considered the man’s application for subsidiary protection, found he would be at risk of serious harm in the form of torture or inhuman and degrading treatment or punishment if returned to his native country. However, it excluded him from subsidiary protection due to his past convictions.

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The Minister for Justice, represented by Remy Farrell SC, denies the deportation is flawed or involves an error in law.

On Monday, Mr Justice Richard Humphreys heard further legal submissions on the matter before adjourning it to next Monday for further submissions.

Terrorist offences

The judge previously heard the man, represented by Michael Lynn SC, had previously been jailed for terrorism-related offences in another jurisdiction. He was also convicted, in his absence, of terrorist offences in his native country.

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

The man denies he is or ever was involved in terrorism.

He claims the Minister’s decision ignores the finding by the Refugee Appeals Tribunal when considering his application for subsidiary protection.