Abu Qatada wins final court battle meaning he can stay in the UK for as long as he wants

Will Qatada ever be kicked out Court of Appeal blocks Home Office from taking fight to the highest court in the land to remove hate
Government cannot take deportation campaign to the Supreme CourtDecision means it is very likely Qatada can stay in UK indefinitelyHome Office to appeal again to kick out 'dangerous man'

By
Rob Cooper

PUBLISHED:

13:29 GMT, 23 April 2013

|

UPDATED:

14:08 GMT, 23 April 2013

Hate preacher Abu Qatada appears to have won his battle to stay in Britain for good after the Government was blocked from taking its fight to deport him to the Supreme Court.

Home Secretary Theresa May had launched a final attempt to get the radical cleric kicked out of the UK.

But the Court of Appeal have today refused the Government permission to take the case to the highest court in the land, making it almost certain he can stay in Britain permanently.

Remaining in Britain Abu Qatada has won the latest court case today in his long running legal battle to avoid deportation

Remaining in Britain Abu Qatada has won the latest court case today in his long running legal battle to avoid deportation

The Government launched their appeal after the court rejected the latest in a long line of attempts to deport the terror suspect to Jordan last month.

The hate peacher has variously described as a ‘truly dangerous individual’ and Osama bin Laden’s right-hand man in Europe.

Qatada claims he can not be sent to Jordan because evidence said to have been obtained by torture could be used against him in a terror trial.

The UK government wanted to appeal to the Supreme Court to send Abu Qatada to Jordan where he was convicted of terror charges in his absence in 1999.

Appeal: Theresa May had hoped to take the case to the Supreme Court

Appeal: Theresa May had hoped to take the case against Qatada to the Supreme Court

In March, Court of Appeal judges backed an earlier ruling that Qatada, also known as Omar Othman, could not be deported.

The judges at the Court of Appeal said that while Qatada’s deportation was ‘long overdue’, his risk to the public was not ‘a relevant consideration’ under human rights laws.

The verdict drew a furious response from the Tories and sparked new demands for the Government to ignore the courts and simply throw him out of the country.

The Appeal Court upheld an earlier verdict that sending the hate preacher to face a terror trial in Jordan would not be fair.

But in a statement today, the Judicial Office said they had been refused permission to appeal to the highest court.

Ministers have been trying for a decade to send Qatada to Jordan, where he is accused of plotting a terrorist atrocity to coincide with the Millennium.

His removal was originally approved by the British courts, only to be halted by the European Court of Human Rights last year. Judges in Strasbourg said he would not get a fair trial because some of the evidence used against him may have been obtained by torture. Controversially, Mrs May opted not to appeal against this verdict.

Instead, she and her ministers secured personal promises from the Jordanian authorities there would be no use of torture evidence, and began the deportation process again in the UK legal system.

But last November, the Special Immigration Appeals Commission (Siac) said it was not satisfied with the assurances, and halted Qatada’s removal. The court said it must reflect the Strasbourg ruling.

That decision was yesterday unanimously upheld by Lord Dyson, the Master of the Rolls, and two other Appeal Court judges.

Qatada, who featured in hate sermons found on videos in the flat of one of the 9/11 bombers, has ultimately thwarted every attempt by the Government to put him on a plane.

A resident in the UK since September 1993, he was returned to jail last month after he was arrested for alleged bail breaches.