Court of Appeal has upheld the ruling of Special Immigration Appeals Commission (Siac) last month when Siac had rejected home offices application for deportation of Abu Qatada.
The home office attempt, to get the lower courts ruling that Qatada could face an unfair trial if deported reversed, had been rejected by the appeals court saying that there was no new point for allowing the appeal to go to the Supreme Court.
Though Mrs Theresa May had argued that she had obtained fresh assurances which guaranteed the fair treatment of the preacher on his return to Amman the Court of Appeal upheld Siac’s decision saying the lower court had not misinterpreted nor misapplied the law.
The immigration lawyers for government had stressed that Jordan had banned torture and the use in trial of statements obtained under duress.
But the Court of Appeal judges said Siac had been entitled to think there was a risk the "impugned statements" would be used in evidence during a retrial and there was "a real risk of a flagrant denial of justice".
With the new reversal Theresa May is to make a statement to MPs later about the fight to deport Abu Qatada post court of appeals ruling. The Home Secretary has also met the PM and the justice secretary to discuss the next move in the cleric’s case. Mrs May will now seek permission for a direct appeal to the Supreme Court.
The Supreme Court can reconsider Court of Appeal decisions if the justices are convinced there is a "point of law of general public importance".
Bids for freedom before the European Court of Human Rights and the High Court followed before Abu Qatada's successful appeal to Siac in November.
Prime Minister David Cameron, who has told colleagues the case makes his "blood boil", and ministers were asking what could be done if their immigration lawyers reached a dead end.
It is also being reported that David Cameron was considering withdrawing temporarily from the European Convention of Human Rights so that Abu Qatada could finally be removed from Britain.
Theresa May, the Home Secretary, Chris Grayling, the Justice Secretary and Dominic Grieve, the Attorney General, were summoned for talks with the Prime Minister shortly before they discovered they had lost their latest battle to deport the hate cleric.
Abu Qatada was re-arrested and returned to Belmarsh prison in March, following an alleged breach of bail conditions, concerning the use of communications equipment at his home.