Smith’s father is originally from Belfast and her case against the Home Office hinged on whether she was entitled to enter the UK as a consequence of that fact.
According to
report, former Irish Defence Forces member accused of membership of so-called
Islamic State (IS) has won an appeal against a ban on her entering the UK.
Lisa Smith,
from Co Louth, had been the subject of a Home Office-issued exclusion order
since December 2019.
The order was
made on the grounds of public security.
Smith, 39, is
charged with membership of the IS terror group and funding terrorism. She
denies the charges.
She is
currently on bail in Ireland ahead of a scheduled trial in the country’s Special
Criminal Court next January.
Both sides in
the case before the Special Immigration Appeals Commission (SIAC) accepted that
the UK had a legal right to exclude non-British citizens from EEA (European
Economic Area) countries, including Ireland.
However, that
right does not cover those of dual nationality and Smith’s legal team argued
she was entitled to the rights of a dual national as a consequence of her
father’s birthplace.
The case
involved argument on the nationality rights conferred under the 1998 Good
Friday Agreement and differences in how the law treats married and unmarried
parents, given Smith’s father was not married to her mother when she was born.
In a written
judgment on Friday, the SIAC allowed Smith’s appeal against the exclusion
order. Her solicitor Darragh Mackin,
from Phoenix Law, welcomed the decision.
“Today’s
ruling is hugely significant for the upholding of basic human rights
principles, which include the right to be free from discrimination,” he said.
“The decision
to exclude our client was discriminatory and contrary to the basic principles
underpinning the Good Friday Agreement.
“As an Irish
citizen who resides in a border town, it was always asserted that to restrict
her from travelling across the border was unlawful and could not be stood over.
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