High Court rules Algerian man arrested on suspicion of being involved in terrorism can be deported

An Algerian man who was recently arrested by Gardaí on suspicion of being involved in terrorism is set to be deported after a he lost a case aimed at preventing his removal from the State, writes Ann O'Loughlin.

The man who has been living in Ireland since 2012, and cannot be named for legal reasons, had in the High Court brought a legal challenge to a deportation order issued by the Minister for Justice in April.

He claimed he would be tortured and subjected to inhuman and degrading treatment if returned to Algeria due to his "imputed political opinion."

This evening Ms Justice Miriam O'Regan dismissed the man's claims and cleared the way for the authorities to deport him.

The man had sought permission to challenge the refusal by the Minister for Justice to allow him remain in Ireland until his application to re-enter the asylum process had been determined.

He also applied for an injunction preventing his removal until that application had been determined.

In her ruling Ms Justice O'Regan said she was quite satisfied to dismiss the action after hearing evidence from a Detective Garda with the Garda Bureau of National Immigration the man has travelled over and back to Algeria since arriving in Ireland.

Detective Garda David Kennedy told the court the man admitted in an interview with Gardaí he spent the entire of the Islamic holy month of Ramadan in 2016 in Algeria.

The man went to Algeria via Barcelona before returning to Ireland through Paris. The court was also presented with the man's passport.

The Judge said the man's application was "entirely abusive" and she was quite satisfied the man had "no fear whatsoever of being returned to Algeria."

The Judge said that not only was the man's application an abuse of the system but was also damaging and unfair to "genuine asylum seekers".

The Judge was told the man was scheduled to be put on a flight due to leave Dublin at 7am on Tuesday morning.

In separate proceedings brought almost two weeks ago, the High Court refused to grant him permission to challenge the Minister's refusal to revoke the deportation order.

The man secured a temporary injunction preventing his deportation until the matter came before the Court of Appeal.

However he did not progress his appeal and instead opted to bring new proceedings aimed at preventing his deportation.

The High Court had previously heard the man, who was tried and acquitted of a terrorist offence in Algeria in 2009 was arrested and detained by the Gardaí in Dublin some weeks ago before being released.

The man denies having any "connection or interest in terrorist activities" and says he is a "peace loving person."

In a sworn statement the man said because he was tried for terrorism offences in Algeria coupled with the fact he was arrested in Ireland would draw him to the attention of the Algerian authorities.

He claimed he would be "in grave danger" if returned to Algeria.

If deported he claimed he would most likely on arrival "be taken into custody and mistreated" in one of "the notorious places of detention".

He applied for asylum shortly after his arrival in Ireland. His application was based on his claim that he had worked for an Algerian charity, whose head supported al-Qaeda in Algeria.

Arising out of his former employer's activities the man says he was arrested, detained and tortured by the Algerian authorities.

His application for asylum was refused in 2013. He then made an application for subsidiary protection, which was deemed withdrawn after he failed to attend an interview with the authorities.

The man was married to an EU citizen which was found to be a sham. The State then revoked residency rights he acquired as a result of the marriage.


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