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Supreme Court allows appeal from High Court, and sets aside a refusal to grant judicial review of the refusal of the Minister for Justice to revoke the deportation of an Algerian national, on the grounds that it was not clear from the Minister's decision how it was concluded that the applicant could be deported to Algeria without a real risk of torture, or inhuman or degrading treatment.
O'Donnell J (nem diss): Judicial review - asylum and immigration - challenge to deportation order - s.3 (1) of the Immigration Act 1999 - refusal to revoke deportation order - convictions of terrorist related offences in Algeria - death sentences - arrival in Ireland in 1997 - application for asylum using false identity and false documents - travel to other countries - offences committed - fraud - re-entry to Ireland in 2009 - application for subsidiary protection - risk of serious harm if returned to Algeria - deportation order made in 2016 - attempt to travel to Athens using false Belgian identity - "leapfrog" appeal to Supreme Court on points of public importance - whether applicant should have been put on notice of "country of origin" material relied on by Minister and invited to make submissions - whether such obligation satisfied by reference to material in reasons for deportation order - stay pending determination of appeal - Article 3 of the European Convention on Human Rights.
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