Courts / Ireland / Report

Court clears way for deportation of man allegedly linked to Islamic terrorism

Date
2017-03-13
Stage
Sentence

Summary

The High Court has dismissed a challenge by an unnamed man in his 50s against the State's bid to deport him, clearing the way for his removal. The defendant, who pleaded guilty to fraudulently obtaining travel documentation and is currently serving a six-month prison sentence in Ireland, argued that deportation would breach EU law and Article 3 of the European Convention on Human Rights due to a risk of torture. Mr Justice Richard Humphreys dismissed all grounds, ruling the Minister's decision lawful. The judge noted the man was convicted of terrorism offences in his native country during the 1990s, receiving three life sentences and two death sentences, and was separately convicted and jailed for eight years in France for membership of a criminal organisation preparing acts of terrorism. The court found the man's credibility seriously impaired by multiple identities and fraudulent asylum claims, including false statements about family members being killed or arrested. The judge determined there were no substantial grounds to apprehend a real risk of inhuman treatment, noting general improvements in the country of origin and that a brother convicted of similar offences is not being ill-treated. A stay preventing deportation was granted in the event the man's lawyers apply for permission to appeal. The matter was adjourned and will return before the court in a week's time.

Who, what, where, when and why

What: Report matter: Court clears way for deportation of man allegedly linked to Islamic terrorism. Procedural stage: sentence. Findings: Convicted

When:

Why: This was because the Irish Refugee Appeals Tribunal, which considered the man's application for subsidiary protection, found that he would be at risk of serious harm or torture if returned to his native country. CNI source report

Case subjects

Unnamed man

Defendant

Finding: Convicted

Outcome: Convicted; The judge said the man was also convicted and jailed for eight years in France.

Places mentioned

Court Venue
  • The High Court
  • High Court

Topics

Stage Sentence

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request