Second refusal to revoke deportation of Algerian man challenged

A challenge by an Algerian man with alleged links to Islamic terrorism to a second refusal by the Minister for Justice to revoke a deportation order made against him has opened before the High Court.

Micheal Lynn SC, for the man, told Mr Justice Richard Humphreys the Minister's decision last September that the man is not at risk if returned to Algeria was "irrational" and should be quashed.

The Minister, represented by Remy Farrell SC, said the decision should remain undisturbed and the man should be deported.

Last July, the Supreme Court unanimously quashed an earlier refusal by the Minister to revoke the deportation order, issued in December 2016.

The Supreme Court also remitted the man’s case to the Minister for further consideration.

Opening the man’s challenge to the second refusal, Mr Lynn said the State had made some unreasonable findings when assessing the man’s claims he is at risk of being tortured if returned.

The State had said there had been changes to Algerian laws to protect people from torture and ill treatment and Algerian police had received human rights training, he said.

There was no evidence these changes had any “positive effect”, counsel said.

The State claims the man, who cannot be named for legal reasons, is involved with Islamic terrorism and was convicted of terrorism offences in Algeria and France.

The Minister issued the deportation order 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, aged in his fifties, has lived here for several years and denies being involved in terrorism or being involved in groups including Al-Qaeda. He claims he is at risk of being tortured and subjected to inhuman or degrading treatment or punishment due to his political views if deported 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, theft and intending to harm the security of his home country.

Following his arrest in France in 2002, he was convicted and jailed for eight years there on foot of charges including membership of a criminal organisation preparing an Act of Terrorism.