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A former Irish Defense Forces member accused of membership of so-called Islamic State (IS) has won an appeal against a ban on her entering the UK.<\/p>\nA former Irish Defense Forces member accused of membership of so-called Islamic State (IS) has won an appeal against a ban on her entering the UK.<\/p>\n
Lisa Smith, from Co Louth, had been the subject of a UK Home Office-issued exclusion order since December 2019.<\/p>\n
The order was made on the grounds of public security.<\/p>\n
Smith, 39, is charged with membership of the IS terror group and funding terrorism. She denies the charges.<\/p>\n
She is currently on bail ahead of a scheduled trial at the Special Criminal Court next January.<\/p>\n
Smith\u2019s father is originally from Belfast and her case against the order hinged on whether she was entitled to enter the UK as a consequence of that fact.<\/p>\n
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.<\/p>\n
However, that right does not cover those of dual nationality and Smith\u2019s legal team argued she was entitled to the rights of a dual national as a consequence of her father\u2019s birthplace.<\/p>\n
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\u2019s father was not married to her mother when she was born.<\/p>\n
In a written judgment on Friday, the SIAC allowed Smith\u2019s appeal against the exclusion order.<\/p>\n
Her solicitor Darragh Mackin welcomed the decision.<\/p>\n
\u201cToday\u2019s ruling is hugely significant for the upholding of basic human rights principles, which include the right to be free from discrimination,\u201d he said.<\/p>\n
\u201cThe decision to exclude our client was discriminatory and contrary to the basic principles underpinning the Good Friday Agreement.<\/p>\n
\u201cAs 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.<\/p>\n
\u201cWe warmly welcome the court\u2019s determination today which will now reinstate our client\u2019s basic rights to travel to the North of Ireland at her convenience.\u201d<\/p>\n