Man fights deportation to Jordan in High Court

A man whom the State alleges has links to Islamic terrorists has asked the High Court to prevent his deportation

to Jordan. He denies the alleged links or that he represents a risk to national security.

The man, who cannot be identified for legal reasons, has been living here with his family since 2000. Following a decision last year not to renew his residency permit, he was informed the State wants to deport him to Jordan where he claims he fears being tortured because of his political activities.

The man got residency in 2000 because he has an Irish citizen child but his permit was not renewed as his son lives overseas with his mother. The man applied for asylum but claims the Minister for Justice has refused to make a decision on it.

National security He denies the State’s claims that he consulted with senior violent extremist leaders outside Ireland, made travel arrangements for, and is involved in, recruiting members for Islamic extremist group Isis. He also denies acting on behalf of Isis or that he represents a threat to national security.

In proceedings that opened before Mr Justice Richard Humphreys yesterday, he wants court orders compelling the Minister to accept his asylum application. He claims he is entitled to apply under the 1996 Refugee Act for a declaration he is a refugee without needing the Minister’s consent to make such an application. He also wants the court to set aside the Minister’s decision to deport him.

The Minister, represented by Remy Farrell SC and Conor Power SC, opposes the proceedings on grounds including they amount to an abuse of process. Michael Lynn SC, with Daniel Friedman and David Leonard, for the man, said the Minister refused to entertain his client’s application for asylum.

Refugee status After his residency was not renewed, he again applied for refugee status but the Minister had made no decision on that. The man was told he cannot make another application for a similar declaration without the Minister’s consent, counsel said.

Counsel said his client validly withdrew his first application before it was adjudicated on and was not a person whom the Minister refused to give a declaration to. That meant the man did not require ministerial consent to pursue his 2015 application.

Mr Friedman argued the Minister failed to take into account information including the man’s health and evidence concerning his claims he was tortured between 1991 and 1996. Counsel said a close relative of the man was killed fighting in Syria and another family member had been detained by the authorities in Jordan. That person was recently released from custody, counsel added.

The man had obtained a temporary injunction last December preventing his deportation from Ireland. The High Court decision was appealed to the Court of Appeal but proceedings before that court were put on hold following an intervention by the European Court of Human Rights. The State agreed to a request from the ECHR not to deport the man until his legal challenge was concluded.

The case continues.