The Court of Appeal has said it will rule “as soon as possible” on an application by a man allegedly involved with Islamic extremists aimed at preventing his deportation from Ireland.
Plans to deport the man, were put on hold earlier this month following an intervention by the European Court of Human Rights which asked the State not to remove him from the State until legal proceedings he has brought arising out of the decision to deport him have been resolved.
The man, who cannot be identified for legal reasons, has brought proceedings aimed at preventing his deportation to a Middle Eastern country. He has lived in Ireland for 15 years.
In December he obtained a temporary injunction preventing his deportation from Ireland. That order was discharged following an application to the High Court by the State. That decision was then appealed to the Court of Appeal.
The man, who suffers from health problems, fears being tortured if he is deported due to his political activities. He denies claims by the State he has acted on behalf of Isis or represents a threat to national security.
The State, which alleges the man is “the foremost organiser and facilitator of travel by extremists prepared to undertake violent action” on behalf of Isis and the “main recruiter” in Ireland for Isis, has opposed the appeal.
The appeal was briefly mentioned before Mr Justice Michael Peart, Mr Justice Garrett Sheehan and Mr Justice Alan on Wednesday morning.
Mr Justice Peart, remaking on the intervention by the Strasbourg-based court, said it was now preferable the Court of Appeal give its ruling on the man’s appeal “as soon as possible”.
The judge, who added that the court should not remain “in limbo” did not give an exact date when the court would be in a position to give its ruling.
The appeal was adjourned earlier this month after the ECHR asked the State not to deport the man from Ireland, where he has resided for the last 15 years, until his legal actions aimed at preventing his deportation have concluded.
Lawyers for both the State and the man at the centre of the action agreed the court should proceed to give its decision on the appeal.
The man, who is married and aged in his early 50s, sought to overturn a decision of the High Court made shortly after Christmas, 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 Irish citizen 15-year-old son. Last 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 the decisions to deport him, which are pending before the court. He also secured a temporary injunction preventing his deportation pending the outcome of his case.
In an application to the High Court on December 28th last the State had the injunction set aside, claimed he represented a risk to national security. A senior Department of Justice official said in a sworn statement, based on intelligence amassed by gardaí and their counterparts in other jurisdictions, the State believed the man was consulted by and gave directions to senior violent extremist leaders outside Ireland.
The man’s lawyers claim the central issue in the case is if there is an absolute ban under Article 3 on the State removing a person who fears being tortured from the state until their legal action has been fully determined
However the State said exceptions exist allowing it deport the man before his legal actions had been determined. The State’s assertion that the man is a threat to national security because of his alleged links to Isis was such an exception.