Supreme Court says State must reconsider deportation of man linked to Islamic terrorism

The Supreme Court has ruled the Minister for Justice must reconsider a decision to remove from the State an Algerian man with alleged links to Islamic terrorism.

Supreme Court says State must reconsider deportation of man linked to Islamic terrorism

The Supreme Court has ruled the Minister for Justice must reconsider a decision to remove from the State an Algerian man with alleged links to Islamic terrorism, writes Ann O'Loughlin.

There was "no reasonable basis" upon which any Minister could conclude there was no real risk of a breach of Article 3 of the European Convention on Human Rights - the right not to be exposed to torture or inhuman or degrading treatment - if the man was returned to his native Algeria, the court said.

The State claimed the man, who cannot be named for legal reasons, is involved with Islamic terrorism and was convicted of terrorism offences in Algeria and France.

The Minister issued a deportation order last December after gardaí informed the Department of Justice the activities of the man and his associates were “of serious concern” and “contrary to the State’s security”.

The man, aged in his 50s and living in Ireland for several years, denies being involved in terrorism and claims, if deported to Algeria, he is at risk of being tortured and subjected to inhuman or degrading treatment or punishment due to his political views.

Represented by Michael Lynn SC and David Leonard BL, he appealed a High Court finding upholding the lawfulness of the Minister's decision there were no substantial grounds to find that the man would be at real risk of ill treatment if deported to his home country.

Today, a five-judge Supreme Court unanimously quashed the Minister's refusal to revoke the deportation order and directed the Minister reconsider the matter in light of its findings.

Giving the court's judgment, Mr Justice Donal O'Donnell said there was "no reasonable basis" upon which any Minister could conclude there was no real risk of a breach of Article 3 of the ECHR in this matter.

He found it "difficult to understand" precisely how the Minister arrived at the conclusions the man was not at risk of being treated contrary to Article 3.

It was not sufficiently clear why the Minister concluded the man could be deported to Algeria without a real risk of torture, or inhuman or degrading treatment and why the Minister considered such a decision ought not to be revoked.

The judge concluded he "could not have the level of assurance necessary", the decision "sets out a clear reasoned path" and one that was not flawed or involved incorrectly unjustifable limitations or irrelevant legal considerations.

The Minister's finding contrasted with an earlier finding by the Refugee Appeals Tribunal the man was at risk if deported to Algeria. To depart from such a finding required clear reasons, he said.

The judge directed the revocation application should go back to the Minister for a prompt fresh consideration based on "focused submissions" including up to date information concerning Algeria. Submissions should be focused on whether there is a real risk on substantial grounds of the man being treated contrary to Article 3.

If the man only submits a generalised complaint with no attempt to focus submissions on his personal situation and the up to date position in Algeria, he will find it difficult to complain about a decision which treats the issue at the same level of generality, he added.

Once the matter has been reconsidered by the Minister any outstanding issues in relation to the case should go back before the High Court, the judge added.

Speaking after the judgment, the man's solicitor Gavin Booth of KRW Law welcomed the court's decision and said it was always their case the Minister could not deport the man without breaching Article 3 of the ECHR.

The man denies involvement in terrorism and rejects claims he is involved in groups such as Al-Qaeda. He has been in custody for some months and will remain in detention pending the outcome of the process.

During the 1990s he was convicted of several offences in Algeria and received three life sentences and two death sentences, which are no longer carried out. Those offences include forming an armed terrorist group intending to spread murder, sabotage, possession of prohibited war weapons assassination, theft intending to harm the security of his home country.

He was also convicted and jailed for eight years following his arrest in France in 2002.

A French court found him guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.

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