‘Irrational’ deportation order quashed by High Court judge

An "irrational" deportation order by the Minister for Justice against an Iranian who claimed he faces death in his home country, has been quashed by a High Court judge.

Ms Justice Mary Faherty said the man was not part of a political party in Iran but described himself as opposed to the ruling regime in Iran and to "the system of theocracy in that state."

The 37-year-old Iranian, who cannot be named for legal reasons, had claimed that as a failed asylum-seeker he could face arrest, detention, torture and disappearance if returned to Iran.

He had a deportation order outstanding against him in Ireland since August 2012 and feared serious harm if he was sent home due to “gross and endemic human rights abuses and violations” there.

The man claimed he had been arrested in his home country for allegedly having an interest in and participating in literary and political discussions.

Ms Justice Faherty said in a reserved judgment that the man had left Iran 13 years ago and had travelled to Greece where he had been refused asylum, arriving in Ireland in June 2006 after having travelled through France.

He had applied for asylum in July 2006 but had moved on to the UK in August using a forged Greek passport. He had been arrested in London while attempting to check-in for a flight to Canada.

The man, who had been sentenced in the UK to 10 months imprisonment for possession of a false document, was released in February 2007 and returned to Ireland in July 2008 after a failed application for asylum in the UK.

On his return to Dublin, he had been told his application for asylum in Ireland was deemed to have been withdrawn. He then applied for leave to remain in the State.

The Minister for Justice, when issuing a deportation order against the man, had found he would not be at risk because he had not been involved in a political party in Iran.

Ms Justice Faherty said she considered that the Minister’s opinion to deport the man on the basis that he was not a member of a political party was irrational.

The judge said a rational and reasonable reading of the relevant material would suggest that mistreatment in Iran was not confined to members of political parties.

She said the material submitted to the court demonstrated that persons opposed to the regime in Iran were at risk of serious harm or even death.