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Home Secretary given permission to appeal against the decision allowing radical preacher Abu Qatada to stay in the UKTheresa May has been given the go-ahead by the Court of Appeal with a date for a hearing in London yet to be setThe Special Immigration
Appeals Commission ruled that Qatada should not be deported to
Jordan where he has been convicted of terror charges
20:30 GMT, 5 December 2012
Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.
She has been given the go-ahead by the Court of Appeal with a date for a hearing in London yet to be set.
Last month the Special Immigration Appeals Commission (SIAC) ruled that Qatada should not be deported to Jordan where he was convicted of terror charges in his absence in 1999.
Decision: Home Secretary Theresa May, right, has been granted permission to appeal against the decision to allow radical preacher Abu Qatada, left, to stay in the UK
The SIAC judges ruled on November 12 that evidence from Qatada’s former co-defendants Abu Hawsher and Al-Hamasher, said to have been obtained by torture, could be used against him in a retrial.
'The Secretary of State has not satisfied us that, on a retrial, there is no real risk that the impugned statements of Abu Hawsher and Al-Hamasher would be admitted probatively against the appellant,' they said.
Papers were lodged with the Court of Appeal seeking permission to appeal against the SIAC decision.
Permission has been granted on the papers by a single judge – the full appeal will be heard by three Court of Appeal judges.
Legal battle: The Home Secretary has been given the go-ahead by the Court of Appeal, pictured
Following the SIAC decision, Mrs May
immediately pledged to appeal and told the Commons that day that Jordan
had given assurances about its legal processes.
She said: 'Qatada is a dangerous man, a suspected terrorist, who is accused of serious crime in his home country of Jordan.
British Government has obtained from the Jordanian government
assurances not just in relation to the treatment of Qatada himself, but
about the quality of the legal processes that would be followed
throughout his trial. We will therefore seek leave to appeal.'
Qatada was immediately granted bail following the ruling and released from HMP Long Lartin, returning to his family home in north London.
He is said to have wide and high-level support among extremists, and featured in hate sermons found on videos in the flat of one of the September 11 bombers.
The extremist has battled deportation for over a decade and has so far thwarted every attempt by the Government to deport him.