An Algerian man recently arrested by gardaí on suspicion of being involved in terrorism is to be deported on Tuesday morning.
In a ruling on Monday evening, a High Court judge dismissed proceedings aimed at preventing his removal from the State.
The man, who has been living here since 2012, cannot be named for legal reasons and denies any involvement in terrorism, had brought legal challenges over a deportation order issued by the Minister for Justice in April.
He claimed he would be tortured and subjected to inhuman and degrading treatment if returned to Algeria due to his "imputed political opinion".
At the High Court on Monday, Ms Justice Miriam O’Regan dismissed his claims, clearing the way for his deportation on a 7am flight on Tuesday.
The man had sought permission to challenge the Minister for Justice's refusal to allow him remain in Ireland until his application to re-enter the asylum process had been determined and also sought an injunction preventing his removal pending such determination.
In her ruling, the judge said she was satisfied to dismiss the action after hearing evidence from a detective garda with the Garda Bureau of National Immigration the man has travelled over and back to Algeria since arriving in Ireland.
Garda David Kennedy said the man admitted in an interview with gardaí he spent all of the Islamic holy month of Ramadan in 2016 in Algeria. He travelled there via Barcelona before returning to Ireland through Paris.
The judge described the man’s application as “entirely abusive” and said she was satisfied he had “no fear whatsoever” of being returned to Algeria. His application was not just an abuse of the system, but also damaging and unfair to “genuine asylum seekers”, she said.
New proceedings
In separate proceedings some two weeks ago, the High Court refused to grant the man permission to challenge the Minister’s refusal to revoke the deportation order. He secured a temporary injunction preventing his deportation until the matter came before the Court of Appeal but did not progress his appeal and opted instead to bring new proceedings aimed at preventing his deportation.
The State argued that action before Ms Justice O’Regan amounted to an abuse of process that should be dismissed.
The High Court previously heard the man, who was tried and acquitted of a terrorist offence in Algeria in 2009, was arrested and detained by gardaí in Dublin some weeks ago before being released. The man denies having any “connection or interest in terrorist activities” and says he is a “peace-loving person”.
In a sworn statement, he said the fact he was tried for terrorism offences in Algeria and was arrested in Ireland would draw the Algerian authorities’ attention to him and he would be “in grave danger” if returned to Algeria. He would most likely “be taken into custody and mistreated” in one of “the notorious places of detention”, he said
He applied for asylum shortly after his arrival in Ireland based on his claim he had worked for an Algerian charity, whose head supported al-Qaeda in Algeria. Arising out of his former boss’ activities, he was arrested, detained and tortured by the Algerian authorities, he claimed.
After being refused asylum in 2013, he sought subsidiary protection but that application was deemed withdrawn after he failed to attend an interview with the authorities. The man was married to an EU citizen, but, after that was found to be a sham, the State revoked residency rights acquired by him as a result of the marriage.
