The Supreme Court has provisionally fixed May 31st to hear an appeal by a man, alleged to have links to Islamic terrorism, against his removal from the State.
The man’s lawyers got permission from the court last month to appeal an order of the High Court permitting his deportation to his native country after finding the case raised points of general public importance.
A stay on the man’s deportation applies pending the outcome of the appeal.
The stay was granted because the appeal centres on his claim that, if deported, he is at risk of being subjected to torture and/or inhuman or degrading treatment or punishment.
The man, who cannot be identified by court order, has agreed to remain in prison until the Supreme Court decides his appeal.Overturn
The appeal is against the High Court judgment by Mr Justice Richard Humphreys refusing to overturn the Minister for Justice’s decision to deport the man. The judge held there were no substantial grounds to find the man would be at real risk of ill treatment if deported to his home country.
While the High Court judge also refused to allow the man appeal his order to the Court of Appeal, the Supreme Court subsequently agreed to hear a direct appeal to that court.
At the Supreme Court on Wednesday, Mr Justice Donal O’Donnell said the court was “provisionally” fixing May 31st for the appeal.
He asked both sides to work together in relation to their respective submissions to ensure the case is ready for hearing by then, adding, if they are not ready, the appeal will not proceed then. He adjourned the matter for mention in two weeks when the court will hear if the appeal is ready to go ahead on May 31st.Political views
The man, aged in his 50s and living in Ireland for several years, claims his rights under article 3 of the European Convention on Human Rights would be breached if he is deported. He denies being involved in terrorism and claims he is at risk due to his political views.
The deportation order was issued after gardaí informed the Department of Justice the activities of the man and his associates are “of serious concern” and “contrary to the State’s security”.
Among various concerns, the State claims the man had been “raising money for jihadists” and was not only convicted of terrorism offences in France but also in his home country.
The court heard he was convicted and jailed in France for several years for terrorist offences. He has also served a prison sentence in Ireland after being convicted of attempting to travel using forged documents.