Irish Independent

Out of prison – the Islamic terrorist given asylum here

Man set to be freed today – but deportatio­n still remains in doubt

- Shane Phelan Legal Affairs Editor

A CONVICTED Islamic terrorist is due to be released from prison in Ireland today – but it is unclear whether the man will be deported.

The man, who has also served time in France for plotting to commit terror offences across Europe, secured asylum here in 2000 after duping a refugee appeals tribunal about his background.

The case has raised worrying questions about the asylum screening process in operation at the time of his acceptance.

He is set to be released today having served a six-month term for possessing a false identity document while attempting to board a flight.

But a stay has been put on his deportatio­n, pending the outcome of High Court proceeding­s in which he is challengin­g an order expelling him from the country.

Counsel for Justice Minister Frances Fitzgerald urged a decision as soon as possible.

A CONVICTED Islamic terrorist who the Justice Minister is seeking to deport is due to be released from prison in Ireland today.

The man, who previously served time in France for plotting to commit terror offences across Europe, is set to be released having served a sixmonth term for possessing a false Belgian identity document while attempting to board a flight from Dublin to Athens.

But a stay has been put on his deportatio­n, pending the outcome of High Court proceeding­s in which he is challengin­g an order expelling him from the country. Although the court has already rejected his appeal of the deportatio­n order, it has yet to decide whether he should be given leave to bring the case to the Court of Appeal.

The 53-year-old’s identity and his country of origin cannot be published for legal reasons.

In court earlier this week, Remy Farrell SC, counsel for Justice Minister Frances Fitzgerald, urged Mr Justice Richard Humphreys to give the decision as soon as possible.

He said there was some urgency due to the man’s impending release from prison.

The judge said he would need time to consider arguments made in favour of an appeal by the man’s counsel, Michael Lynn SC. A decision could be issued today, when the case is due before the court for mention.

Although a stay exists on his deportatio­n, gardaí are not precluded from arresting the man following his release from jail, if there are grounds for doing so.

In a ruling last week, the court detailed how the man was originally denied refugee status after arriving in Ireland in 1997.

But he secured asylum in 2000 after duping a refugee appeals tribunal about his background. His applicatio­n was made under a false name and he falsely claimed his parents and brother were killed by extremists. He had in fact been convicted and sentenced to death in his home country for forming an armed terrorist group, murder, arson, theft and possession of “war weapons”, but managed to skip the country.

After becoming a refugee in Ireland, he was given permission to travel abroad and in 2002 he was arrested in France.

He was subsequent­ly convicted of membership of an organisati­on planning acts of terrorism in England, Ireland, Spain, Andorra and France.

The man was deported back to Ireland after being released from prison and had his refugee status rescinded. He has been fighting attempts to deport him back to his home country since 2012.

During hearings the court was told gardaí believed the man’s activities and associates were “of serious concern” and “contrary to the State’s security”.

Despite his conviction­s in his home country and France, the man has rejected claims he is involved in terrorism. He also fears he will come to harm if returned to his home country.

Worrying

The case has raised worrying questions about the asylum screening process in operation at the time of his acceptance as a refugee. It comes at a time when the Government is facing considerab­le pressure from the EU to improve informatio­n-sharing systems used to combat internatio­nal terrorism and organised crime.

Formal infringeme­nt procedures were launched by the European Commission last September after Ireland failed to put in place systems for sharing DNA, fingerprin­t and vehicle registrati­on data, which should have been in place by 2011. The Department of Justice has pledged to have the systems ready by the end of the year.

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