NI: Man whose license conditions prevent him crossing the border freely launches judicial review

NI: Man whose license conditions prevent him crossing the border freely launches judicial review

Lawyers for a man whose license conditions prevent him from crossing the border without written permission have launched judicial review proceedings in Belfast.

Vincent Kelly, 34, was released from prison in May 2019 under strict license conditions which say he “shall not leave Northern Ireland save where you have permission to do so in compassionate or other exceptional circumstances”.

Mr Kelly was released from Maghaberry after serving five years of a nine-year sentence for possession of a firearm.

He was previously convicted twice by the Special Criminal Court in Dublin, firstly in 1999 for firearms offences and secondly in 2006 for IRA membership.

Mr Kelly is challenging the license conditions on the basis that they interfere with his right to a relationship with his family in Dublin – particularly his father, who is in ill health, and his mother, who is his sole carer – while maintaining a relationship with his 14-year-old son in Belfast.

Belfast firm Bretnall Legal is representing Mr Kelly in a judicial review against the Department of Justice.

Ciarán Cunningham, Mr Kelly’s legal representative, said: “The overt restrictions placed on our client represent an evident and serious challenge to his most basic human rights – rights that are enshrined in both the European Convention on Human Rights and under EU law that have protected Irish citizens for decades and which cannot be discarded in the way that has been attempted in this instance.

“This also represented a direct challenge to Vincent’s right, as an Irish and European citizen, to reside in Belfast yet travel freely to another Irish city where he can have regular contact with the rest of his family.

“With a view to re-instating Vincent’s human rights and assisting him in rebuilding his life with his family, both north and south, we are initiating judicial review proceedings on his behalf to challenge the legality of the Department’s actions.”

Share icon
Share this article: