Courts / Ireland / Report

Supreme Court halts deportation of man with alleged links to Islamic terrorism

Summary

The Supreme Court has halted the deportation of an unnamed man in his 50s, who is alleged to have links to Islamic terrorism, pending the determination of his appeal. The three-judge panel, comprising Mr Justice Donal O'Donnell, Ms Justice Mary Laffoy, and Mr Justice Peter Charleton, granted leave to appeal on grounds of general public importance. The court placed a stay on the deportation, citing the appellant's claim under Article 3 of the European Convention on Human Rights that he faces a risk of torture or inhuman treatment if removed. This stay is conditional on the man undertaking not to challenge his current detention at an Irish prison, a condition his legal team agreed to. The man, who cannot be identified for legal reasons, denies involvement in terrorism, attributing his risk to his political views. However, the State alleges he raised money for jihadists and notes that he was convicted and jailed in France for several years for terrorist offences. The appeal challenges a High Court judgment by Mr Justice Richard Humphreys, who had previously dismissed the man's challenge to the deportation order and refused leave to appeal to the Court of Appeal. The Supreme Court will hear the appeal after the Easter vacation. The Minister for Justice opposed the stay on national security grounds, but the court prioritized the appellant's human rights claims.

Who, what, where, when and why

What: Report matter: Supreme Court halts deportation of man with alleged links to Islamic terrorism. Procedural stage: appeal. Findings: Convicted

When:

• 2017-03-30 Publication

Why: Citing rulings from the European Court of Human Rights, Mr Justice O Donnell said a stay should be placed because the man's appeal centres on his claim that if deported he is at risk of being tortured, and subjected to inhuman or degrading treatment or punishment The court said the stay would be granted if the man undertook not to challenge his current detention at an Irish prison, which his lawyers agreed to. CNI source report

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Stage Appeal

Read the original CNI report