At the High Court last evening, Ms Justice Carmel Stewart discharged a temporary High Court injunction, obtained by the man last week, preventing the State from acting on a deportation order formally issued in November.
The man, originally from the Middle East and who cannot be identified for legal reasons, had been a resident in Ireland for more than 15 years. Aged in his 50s, he has lived here with his family.
The State argued that, based on intelligence it had gathered, the man should be removed on grounds including that he poses a risk to national security.
It is claimed he has organised and facilitated travel for individuals prepared to commit violent actions. It is also alleged the Irish-based man has facilitated travel for people involved with IS into the Syrian conflict zone and other zones including Iraq and Afghanistan. It is further alleged the man has consulted with and given advice to senior individuals involved in violence outside the jurisdiction.
The man strongly denies all the claims made by the State that he has links to IS, or that he poses a risk to national security. He fears he may be tortured if he is returned to his home country.
The judge said she was taking account of the “very serious” information the State had put before the court concerning the man and his alleged activities.
The issue of a threat to national security was something which the court was entitled to take into account, she said. The judge also said she did not accept there had been any delay by the State in formally issuing the deportation order.
The man is expected to appeal the ruling to the Court of Appeal.
The court heard that, following his arrival in Ireland, the man originally applied for asylum. He withdrew the application and was granted residency on the basis he is the father of an Irish-born child. Last March he was informed by the State his residency permit was not being renewed and he could be the subject of a deportation order. This was because his Irish-born child was spending most of his time in the man’s native country.
The deportation order was confirmed in late November. Through his lawyers, the man launched High Court judicial review proceedings challenging the order to remove him from the State. On December 21, he obtained a temporary injunction preventing the State removing him from Ireland pending the outcome of his action.
Yesterday, lawyers acting on behalf of the justice minister sought to have the injunction set aside on national security grounds.
Represented by Remy Farrell, the minister said it was in the public interest that the man be deported.
The man, represented by Michael Lynn, denied the allegations made against him. Mr Lynn said because of the man’s political activities, he is at risk of being subject to torture, and inhuman and degrading treatment, if he is deported.