The man, who cannot be identified for legal reasons, has asked the Court of Appeal to overturn a High Court order lifting an injunction which had restrained his deportation to a Middle Eastern country.
The appeals court adjourned further consideration until January 13.
The court heard the man suffers from health problems and fears being tortured, if deported, due to his political activities. He denies acting on behalf of IS and denies that he represents a threat to national security. He was unable to attend his appeal yesterday due to ill health.
The State alleges the man is “the foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of IS and the “main recruiter” in Ireland for IS. It had opposed the appeal.
As yesterday’s appeal hearing was drawing to a close, Remy Farrell, for the State, asked the court to rise briefly so the parties could consider a significant development in the proceedings.
Following the adjournment, Mr Farrell said the Strasbourg-based European Court of Human Rights had made a temporary order preventing deportation of the man from Ireland, where he has resided for the last 15 years. That order will stay in place until deportation proceedings have concluded.
The European court’s injunction, Mr Farrell said, “changed the landscape” of the matter before the court. He asked the court to continue to hear the case and give judgment later.
Michael Lynn, for the man, said the application to the European court had been made by the deportee because there was no automatic stay on a deportation order in Irish law whenever an issue under Article 3 of the European Convention on Human Rights, prohibiting torture, is raised in a case.
He said the man’s legal team had applied for an interim order to Europe but had not believed a decision would have been made so soon.
After hearing the conclusion of submissions from both parties, the court adjourned the case for mention on January 13.
The Court of Appeal said the European court’s intervention meant it would not be required to give its decision in the coming days.
The man had been told he must leave the State before December 30 and, failing that, should report to the Garda National Immigration Bureau by January 5 for deportation.
In his appeal, the man, who is married and aged in his early 50s, sought to overturn a recent decision of the High Court clearing the way for his imminent deportation by the Irish authorities to the Middle East.
He has been living in Ireland for some time and secured residency here on the basis of the birth of his 15-year-old son, an Irish citizen. In March, he was told the Irish authorities intended to deport him.
His residency permit was not renewed because the boy has been living overseas with his mother for the last number of years.
The man launched several legal actions arising out of the decisions to deport him, which are pending before the court.