Deportation of alleged recruiter for IS delayed

A man facing imminent deportation for allegedly recruiting sympathisers in Ireland to fight for Islamic extremists in the Middle East, was granted a stay on his deportation until today.

The 52-year-old father of four, who cannot be named for legal reasons, will ask the Court of Appeal today to overturn a High Court order lifting an injunction which had restrained his deportation to a Middle Eastern country.

Mr Justice Michael Peart yesterday granted the stay until a three-person Court of Appeal fully hears the man’s appeal at 2pm today.

The Irish Examiner understands gardaí will not proceed with the deportation until the appeal is heard.

While the plan to deport remains, and logistical arrangements have been examined, gardaí are adopting a “wait and see” approach regarding the legal options the man has available to him.

Mr Justice Peart was told a team of lawyers led by Remy Farrell, counsel for the Department of Justice, and Michael Lynn, counsel for the threatened deportee, would exchange and also hand into court all necessary documentation to facilitate today’s scheduled three-hour appeal.

Mr Lynn said that on Monday, an interim injunction granted on December 21 by the High Court restraining the man’s deportation had been lifted by Ms Justice Carmel Stewart, who had refused a stay on her order.

His client’s case was if he was returned to the Middle East, he would arrested, detained and tortured. He denied acting on behalf of IS or that he was a threat to national security here.

Mr Lynn said his client had been told he must leave the State before December 30 and, failing to do that, must report to the Garda National Immigration Bureau by January 5 for deportation.

He told the judge arrangements were in place with a view to removing the man from the State before January 11, which had been the original return date for a High Court hearing of the interim injunction .

“The applicant could actually be removed from the State prior to that and the view we take is that he is at this moment facing imminent deportation.”

The man is alleged by the Government to be the “main recruiter” in Ireland for IS. He has been living in Ireland for the last 15 years and secured residency here on the basis of the birth of his 15-year-old son. In March, due to the Government’s belief he was recruiting for Islamic extremists in Syria, Afghanistan, and Iraq, he was told the Irish authorities intended to deport him.

On December 21, he obtained an injunction restraining his deportation but that was overturned on Monday, on an application by the Department for Justice.

Ms Justice Stewart said the question was where the greater injustice lay — maintaining or lifting the injunction. The issue of a threat to national security was something she was entitled to take into account.

The man had been described in court as “the foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of IS.

He claims he is a bona fide refugee applicant who would suffer inhuman and degrading treatment, torture and “even fatal consequences” if returned to a Middle Eastern country.