Courts / Ireland / Report

Hearing date for case of alleged Isil activist

Date
2016-01-18

Stage
Appeal

Summary

The High Court has provisionally fixed March 1st as the hearing date for proceedings brought by an unnamed man, who is allegedly involved with Islamic extremists, aimed at preventing his deportation from Ireland. The man, who cannot be identified for legal reasons, challenges a decision taken last March not to renew his residency permit. The State claims the man has consulted with senior violent extremist leaders outside Ireland and made travel arrangements for, and is involved in, recruiting members for Islamic extremist group Isil. He denies acting on behalf of Isil or representing a threat to national security. The man, who has lived in Ireland since 2000, secured residency based on the birth of his Irish citizen son, now aged 15. His permit was not renewed because his son has been living overseas. Authorities intend to deport him to a Middle East Country, where he fears torture due to his political activism. The matter was briefly mentioned before the High Court registrar, where the State sought an accelerated hearing. Michael Lynn SC, for the man, agreed to priority. The case is expected to take two days. It was agreed the State's opposition would be provided within three weeks. Previously, the man obtained a temporary injunction in December, which was set aside on December 28th after the State claimed he posed a national security risk. That decision was appealed to the Court of Appeal. Plans to deport him were put on hold following an intervention by the European Court of Human Rights, which asked the State not to deport him until his legal proceedings are concluded. The central issue is whether Article 3 of the European Convention on Human Rights imposes an absolute ban on removal. The State argues exceptions exist allowing deportation before the case is heard. As a result of the European Court's request, the man is expected to remain in Ireland until his proceedings are dealt with.