Courts / Ireland / Report
Minister's refusal to revoke deportation order for man with alleged terror links is quashed once again
Summary
The High Court has quashed the Minister for Justice's refusal to revoke a deportation order against an unnamed Algerian man, remitting the matter for fresh consideration. Mr Justice Richard Humphreys ruled that the refusal was procedurally flawed because the Minister failed to inform the man's legal team that specific information regarding Algeria, contained in a blog, was relied upon. This decision follows a July Supreme Court ruling that had previously quashed an earlier refusal and sent the case back to the Minister, who subsequently refused revocation again last September. Counsel for the man, represented by Michael Lynn SC, argued that the court should quash the deportation order entirely and release the man, who has been in custody for a year, noting he fears torture if returned to Algeria. Conversely, the Minister's counsel, Remy Farrell SC, argued for remission, citing public interest concerns regarding the man's alleged links to Islamic terrorism. The court heard that the man was convicted of terrorism offences in Algeria and France, having previously used multiple identities and been jailed in Ireland for attempting to travel on a false passport. He was jailed for eight years following his arrest in France in 2002 after being found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism. The judge accepted that while there could not be endless applications, the matter must be remitted for further consideration. The proceedings were adjourned to a date in February.
Who, what, where, when and why
What: Report matter: Minister's refusal to revoke deportation order for man with alleged terror links is quashed once again. Charges or matters: terrorism offences in Algeria and France, and had previously used multiple identities and had been jailed in Ireland for attempting to travel on a false passport, counsel said. Procedural stage: sentence. Findings: Convicted
When:
- 2017-12-21 Publication
Why: In his decision, Mr Justice Richard Humphreys said that the Minister's refusal to revoke the order should be quashed because of a failure to inform the man's lawyers that certain information about Algeria was relied upon by the Minister when considering the application to revoke. CNI source report
Case subjects
Defendant
Charges: terrorism offences in Algeria and France, and had previously used multiple identities and had been jailed in Ireland for attempting to travel on a false passport, counsel said (Proven)
Finding: Convicted
Outcome: Convicted; The man was convicted of terrorism offences in Algeria and France, and had previously used multiple identities and had been jailed in Ireland for attempting to travel on a false passport, counsel said. He was jailed for eight years following his arrested in France in 2002 after he was found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.; The judge adjourned the matter to a date in February.
Places mentioned
- The High Court
- Supreme Court
- The Supreme Court
- High Court
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request