Man allegedly linked to Islamic terror seeks Supreme Court hearing

The High Court has cleared the way for the State to deport a man with alleged links to Islamic terrorism.

The State’s case was that the man had been “raising money for jihadists” and saw “al-Qaeda as a good model to follow”, its counsel Remy Farrell SC said.

The deportation was expected to take place shortly after Mr Justice Richard Humphreys refused to grant the man permission to appeal the Minister for Justice's decision to deport him.

Earlier this month the judge dismissed the man’s challenge over the Minister’s decision.

The man, aged in his 50s has been living in Ireland for several years. He has claimed he is at serious risk of ill treatment and torture if deported to his native country.

The deportation order was issued after the Garda told the Department of Justice the activities of the man and his associates were “of serious concern” and “contrary to the State’s security”.

The man, who cannot be identified for legal reasons, denies being involved in terrorism. He claims he is at risk due to his political views.

Security risk

The court was told the State considers him a risk to national security on several grounds.

Mr Farrell, for the Minister, told the High Court on Friday the man was convicted and jailed in France for several years for terrorist offences.

Counsel said the man had, in his native country, “a central role” with a militant Islamic group dedicated to imposing Sharia law; he was not only convicted of terrorism offences there but also of offences where human life was taken.

Mr Justice Humphreys refused an appeal to the Court of Appeal and lifted a stay preventing his removal from the State. He also ordered the reporting restriction on his country of origin be continued for two months after the removal takes place.

In his ruling, the judge said the man had raised 15 points of law which he claimed were of exceptional public importance arising from the High Court’s dismissal of his challenge.

No point of law of exceptional public importance arose and nor was it in the public interest the man be allowed to appeal to the Court of Appeal, the judge held.

No leave to appeal

He refused to extend the stay to allow the man's lawyers to seek to appeal directly to the Supreme Court.

David Leonard, counsel for the man, said his client would be applying to have his case heard by the Supreme Court on grounds the appeal raised a point of general public importance and asked for a short stay on the deportation order to facilitate that.

Mr Farrell, with Sinead McGrath, for the Minister, opposed the application. The man had been arrested and was in detention pending his deportation following his release from prison, he said.

The man had been serving a prison sentence after he was found in possession of false travel documentation while trying to leave the State.

The Minister considered the man a risk to national security, even while in prison, counsel said.

Mr Leonard said there was no evidence of this.

In his action, the man claimed his exclusion from the State was unlawful and breached EU law and article 3 of the European Convention on Human Rights. He said the Refugee Appeals Tribunal, which had considered his application for subsidiary protection, found he would be at risk of serious harm or torture if returned to his native country.