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

On Tuesday, Micheal Lynn SC, for the man, told Mr Justice Richard Humphreys that Minister's decision that the man is not at risk if returned to Algerian was "irrational" adding that the decision made last September 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 the Minister for Justice's refusal to revoke the deportation order issued in December 2016.

The Supreme Court also remitted the man's case back to the Minister for further reconsideration.

When the Minister again refused to revoke the order, the man's lawyers fresh High Court proceedings over the second refusal. That hearing continues.

The Supreme Court's ruling had come after the man appealed an earlier High Court order which found the Minister's decision that there were no substantial grounds to find he would be at real risk of ill treatment if deported to his home country was lawful.

The state opposed the appeal.

Opening the appeal, 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 that there had been changes to Algerian laws to protect people from torture and ill treatment, and that Algerian police had received human rights training.

However counsel said that there was no evidence that these changes had any "positive effect."

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 a 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 50s and has lived in Ireland for several years, 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.

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 assassination, theft intending to harm the security of his home country.

He was jailed for eight years following his arrested in France in 2002 after he was found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism.

Online Editors