Algerian man with alleged terror links allowed to amend challenge over deportation order
An Algerian man with alleged links to Islamic terrorism has been allowed by the High Court to amend his latest legal challenge against a refusal by the Minister for Justice to revoke a deportation order made against him.
The man, aged in his 50s who has lived in Ireland for several years, denies being involved in terrorism or being involved in groups including Al-Qaeda.
The man, who is currently detained in an Irish prison, claims he is at risk of being tortured due to his political views.
In his judgement, Mr Justice Richard Humphreys said he was satisfied to dismiss the man's latest challenge against the Minister's decision not to revoke the deportation order.
However, Mr Justice Humphreys said that he was prepared to adjourn the case to allow the man the opportunity if he so wishes to seek an amendment to his action regarding the issue of reports of "incommunicado detention" facilities in Algeria.
The judge said the Minister had provided the court with a reasoned, dense, detailed and impressive analysis of matters including human rights, and prison conditions in Algeria.
However, he said there was an error "in less than half a sentence" in that analysis concerning the sole issue of secret or incommunicado detention in Algeria.
The Judge said it was not clear if the Minister had factored in material concerning allegations of secret detention in the analysis.
While there no specific pleading in the case as it currently stands about secret detentions, the judge said he was of the view that there was a prima facia problem which needed to be addressed.
In the circumstances where all the man's points challenging the Minister's decision were dismissed the judge said he was prepared to allow the man make points on reports of secret detention centres in Algeria.
The decision to allow the man amend his claim to deal with the issue of secret detention is the latest ruling in several actions brought on the man's behalf against the Minister's decision not to revoke the deportation order.
In three previous applications, the Supreme and the High Courts have ruled in favour of the man in respect of challenges brought against the refusal to revoke the order, and have remitted the refusal back to the Minister for fresh consideration.
The man was convicted of terrorism offences in Algeria and France, and had previously used multiple identities and had been jailed in Ireland for attempting to travel on a false passport.
The Minister issued a deportation order against the man in 2016 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, who cannot be identified for legal reasons, fears being tortured if returned to Algeria.
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 jailed for eight years following his arrest in France in 2002 after he was found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.
