Man denies terror links in fight against deportation

A challenge brought by a man with alleged links to Islamic terrorism against the State’s bid to deport him has opened at the High Court.

“He is at serious risk of inhuman and degrading treatment if deported. On his return, he would be detained at a secret location in his home country, where he would be incommunicado,” Michael Lynn SC said when opening the case before Mr Justice Richard Humphreys.

The man, who cannot be identified, claims he is at risk of being tortured if returned to his native country due to his political views.

Arising from the justice minister’s decision to exclude him from the State, he has brought a High Court challenge seeking to quash the deportation order.

Mr Lynn said that to deport the man would breach both EU law and Article 3 of the European Convention on Human Rights.

This is because the Irish Refugee Appeals Tribunal (RAT), which considered the man’s application for subsidiary protection, found that he would be at risk of serious harm in the form of torture or inhuman and degrading treatment or punishment if returned to his native country.

The minister, represented by Remy Farrell SC, opposes the application and denies the man’s claims that her decision is flawed or that she has erred in law.

The court heard the man has previously spent time in prison for terrorism-related offences in another jurisdiction. The minister issued the deportation order after An Garda Síochána informed the Department of Justice that the man’s activities and associates in Ireland and outside the country are “of serious concern” and “contrary to the State’s security”.

The man rejects the State’s claims that he is or ever has been involved in terrorism. He has been living in Ireland for some years and is aged in his early 50s.

In his native county, he was convicted of terrorist offences in his absence. He faces a lengthy spell in prison there, where he would be tortured. He said he and his brothers were tortured for their political views.

In his proceedings, the man claims the minister’s decision ignores a finding by the RAT when considering his application for subsidiary protection.

Despite finding there was a risk of serious harm to the man if returned to his native country, the RAT excluded him from subsidiary protection due to his convictions.

The hearing has been adjourned until next month.