Courts / Ireland / Report
Supreme Court rules Minister must "reconsider" decision to deport man with alleged links to Islamic terrorism
Summary
The Supreme Court has ruled that the Minister for Justice must reconsider a decision to deport an unnamed Algerian man with alleged links to Islamic terrorism. The State claimed the man, who is in his 50s, was convicted of terrorism offences in Algeria and France. The Minister issued a deportation order after gardaí informed the Department of Justice that the man's activities were of serious concern. The man, represented by Michael Lynn SC and David Leonard Bl, denies involvement in terrorism and claims he faces a risk of torture in Algeria. He appealed a High Court order which found the Minister's decision lawful. In its judgment, a five-judge Supreme Court unanimously quashed the Minister's refusal to revoke the deportation order and remitted the case for further reconsideration. Mr Justice Donal O'Donnell stated there was no reasonable basis for the Minister to conclude there was no real risk of a breach of Article 3 of the European Convention on Human Rights. The court noted the Minister's finding contrasted with an earlier Refugee Appeals Tribunal finding that the man was at risk. The judge directed that the fresh consideration should occur promptly, with focused submissions on the risk of ill-treatment. The man remains in detention pending the outcome. During the 1990s, he was convicted of several offences in Algeria, receiving three life sentences and two death sentences. He was also convicted and jailed for eight years following his arrest in France in 2002, where a French court found him guilty of membership of a criminal organisation preparing an act of terrorism.
Who, what, where, when and why
What: Report matter: Supreme Court rules Minister must "reconsider" decision to deport man with alleged links to Islamic terrorism. Charges or matters: terrorism offences in Algeria and France. Procedural stage: sentence. Findings: Convicted
When:
- 2017-07-27 Publication
Case subjects
Convicted Person
Charges: terrorism offences in Algeria and France (Proven)
Finding: Convicted
Outcome: Convicted; He was also convicted and jailed for eight years following his arrested in France in 2002.
Places mentioned
- The Supreme Court
- High Court
- Supreme Court
Topics
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