A convicted Islamic terrorist cannot be deported from Ireland after the Supreme Court ruled the Justice Minister must re-examine his case.
Former Justice Minister Frances Fitzgerald ordered the deportation of the Algerian, who has been linked to al-Qa’ida.
But following a lengthy legal battle the Supreme Court today quashed a decision by the minister not to revoke the order.
It concluded the matter should be considered again by the new Justice Minister Charlie Flanagan, taking into account “up-to-date information” on whether there was a threat the man would be subject to inhuman or degrading treatment if he was to be returned to Algeria.
His legal team maintains he is at risk of torture if he is sent home.
In a written judgment, Mr Justice Donal O’Donnell said that if the minister decided to go ahead with the deportation following a fresh appraisal of the man’s case, his legal team can again mount a challenge in the High Court.
Solicitor Gavin Booth of human rights law firm KRW Law, who represents the Algerian, said it had always been his client’s case that he could not be deported without his rights under Article 3 of the European Convention on Human Rights being breached.
The 53-year-old man at the centre of the case is currently being held in Cloverhill Prison.
During the case it emerged he had used six different names since arriving here 20 years ago.
The man, linked by French authorities to al-Qa’ida, used his own name and five aliases at various points.
Department of Justice officials have alleged the man is involved in terrorism and his activities and associates are of serious concern and contrary to the State’s security.
The man was a supporter of the banned political movement Front Islamique du Salut, which sought to establish an Islamic state governed by sharia law.
He fled Algeria in or around 1994 and was convicted in his absence of murder and formation of a terrorist group.
The man ended up in Ireland in 1997 and gained refugee status in 2000.