Irish Republican Ciaran Ferry was yesterday denied political and religious asylum in the United States.
The decision, ignoring the Good Friday Accords and ongoing peace process in Ireland, refused to recognize Ciaran's previous charges in the north of Ireland as politically motivated - which would entitle him to political and/or religious asylum under the political offense exception in immigration law.
Judge Vandello said that the U.S. Board of Immigration Appeals had set a precedent when former IRA Volunteer Peter McMullen was barred from receiving asylum.
He said the Board has categorized that respondent's crimes as ``serious non-political crimes'' and refused to apply the political offense exception.
``I find that the respondent's offense constitutes a serious non-political crime. I further find that having been convicted of this offense, he has participated in the persecution of others.''
He also said Ferry was a ``late filer'' and was barred from asylum for that reason. He said Mr Ferry's pending application for adjustment of status was not recognised under the law as an excuse.
``I further find that if the respondent were not barred from receiving relief, he has the ability to relocate to another part of the British Isles in order to avoid any problems he might face in Northern Ireland. He is a citizen of the Republic of Ireland and a citizen of Great Britain. Even though it may be inconvenient to start a new life in another part of Britain, it is, nonetheless, a viable option.''