High Court dismisses deportation challenge but permits amendment

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court dismissed an Algerian man’s existing grounds for challenging the Minister for Justice’s refusal to revoke a deportation order, but allowed him an opportunity to seek an amendment concerning detention in Algeria. The proceedings were reported on 28 January 2019.

Mr Justice Richard Humphreys said he was prepared to adjourn the case so the man could, if he wished, seek to amend his action regarding reports of secret or incommunicado detention facilities. The judge said it was unclear whether the Minister had considered material about allegations of secret detention. Although there was no specific pleading on the issue, he considered there was a prima facie problem to be addressed.

The man, who cannot be identified for legal reasons, denies involvement in terrorism or groups including Al-Qaeda. He claims he risks torture because of his political views. The report said he had been convicted of terrorism offences in Algeria and France.

During the 1990s, he received three life sentences and two death sentences for offences in Algeria; the death sentences are no longer carried out. 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 Minister issued the deportation order in 2016 after gardaí told the Department of Justice that the activities of the man and his associates were of serious concern and contrary to State security. In three previous applications, the Supreme and High Courts had ruled in the man’s favour and sent the refusal to revoke the order back to the Minister for fresh consideration.