HIgh Court lifts order to allow deportation of man accused of supporting Jihad

Stheno · 28-12-2015 9:48pm #1

http://www.independent.ie/irish-news/courts/high-court-lifts-order-stopping-deportation-of-man-accused-of-recruiting-people-in-ireland-to-fight-for-islamic-state-34318819.html

THE High Court has lifted an injunction against the imminent deportation of a man described as “the foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of the so-called Islamic State.

The State wants to deport the man, who arrived in Ireland in 2000 - and was granted residency here on the basis of his Irish born child – because gardai believe he facilitates and organises the travel of Islamic extremists to join IS in Syria and other conflict zones including Afghanistan and Iraq.

This afternoon the High Court heard that the State believes the man is consulted by and gives directions to senior, violent extremist leaders outside of Ireland.

High Court judge Ms Justice Carmel Stewart agreed to lift an interim (temporary) interlocutory injunction granted on December 21st last to the man, preventing his imminent deportation.

Interesting development here, after fifteen years as a resident here, this man will now be deported (I presume back to his home country) on the basis that it is believed he has played a key role in enabling others to travel to participate in Jihadist activities

It's now going to the court of appeal, must be the first time such a case has been heard here?

johnnyskeleton · 29-12-2015 5:12pm

Mod note:

When discussing an ongoing court case, please bear in mind the sub judice rule. Discussing our immigration/terrorist offences laws in the context of this case is fine, discussing the rights and wrongs of the facts of the case or what the judge should do is not permitted. Please also bear in mind the rights of a person who has not been convicted of a criminal offence.

Personally, I would hope that this is not indicative of a policy on the part of the Minister to simply deport away our problems and if there is evidence to suggest someone is involved in terrorism or the illegal trafficking of persons that she would hand this evidence over to the Gardai/DPP immediately. I dont think I can say any more than that pending the outcome of the Court of Appeals decision.

Eugene Norman · 29-12-2015 5:22pm

He's been granted residency not citizenship. Hence the potential legality of the deportation order.

AlekSmart · 31-12-2015 3:04pm

johnnyskeleton wrote: »

Mod note:

When discussing an ongoing court case, please bear in mind the sub judice rule. Discussing our immigration/terrorist offences laws in the context of this case is fine, discussing the rights and wrongs of the facts of the case or what the judge should do is not permitted. Please also bear in mind the rights of a person who has not been convicted of a criminal offence.

Personally, I would hope that this is not indicative of a policy on the part of the Minister to simply deport away our problems and if there is evidence to suggest someone is involved in terrorism or the illegal trafficking of persons that she would hand this evidence over to the Gardai/DPP immediately. I dont think I can say any more than that pending the outcome of the Court of Appeals decision.

From reading what is in the Public Domain,this case appears to be a cut above and is being processed accordingly.

http://www.independent.ie/irish-news/courts/echr-tells-ireland-to-stall-deportation-order-for-main-recruiter-in-ireland-for-isis-34324211.html

A senior Department of Justice official had told the High Court earlier that, based on intelligence amassed by gardai and their counterparts in other jurisdictions, the State believed the man was consulted by and gave directions to senior violent extremist leaders outside Ireland.

Senior DoJ Officials do not normally spend their festive seasons in and around the High Court,on run-of-the-mill immigration/asylum issues(of which there are many).

I am also struck by the wording used in this case..."amassed" suggests to me that significant evidence has been put before the High Court in relation to this individual.

All of this allows me to see the State's action as both prescient,and required as a matter of some urgency rather than some portent of a sea-change in the Irish State's demeanour towards such individuals.

What does concern me is the continuance of the long running High Court imposed,reporting restrictions in place surrounding the original application to remain.

http://www.sundayworld.com/news/courts/court-of-appeal-grants-deportation-stay-for-alleged-isis-recruiter

Judge Peart also renewed reporting restrictions imposed by the High Court under the Refugee Act 1996.

It would appear prudent to suggest that the original restrictions were intended to protect the identities of young children,a situation which has altered somewhat,with the family maturing and largely residing outside the Juristiction.

I am not certain that the best interests of Justice,relative to the population at large,are served by maintaining this injunction,although I note that no Irish Media organization or Individual has,as yet,decided to challenge the orders maintenance.

johnnyskeleton · 01-01-2016 10:58pm

The Refugee Act requires anonymity so that the State they came from doesnt find out they applied for asylum, as many States see this as an affront to them or sometimes a criminal offence. Its a requirement of the Refugee Convention as far as I know.

Kristopherus · 01-01-2016 11:05pm

Has the individual in question now not gone to the European Court with his case? And the Irish Courts cannot give any decision until the E.C. has made a decision. If that is the case, we could be waiting for months for a decision.

Stheno · 01-01-2016 11:06pm

Kristopherus wrote: »

Has the individual in question now not gone to the European Court with his case? And the Irish Courts cannot give any decision until the E.C. has made a decision. If that is the case, we could be waiting for months for a decision.

Yes and the ECHR have placed a stay on any deportation until they have a full hearing.