Legal News

In yet another set back to the Home Secretary the Court of Appeal has rejected Mrs May’s attempt to overturn decision to block radical cleric’s deportation to Jordan.
Theresa May lost her latest legal attempt to deport the radical cleric Abu Qatada back to Jordan.
The three appeal court judges were unanimous in their decision in dismissing May’s appeal and said that any evidence which was obtained by torture and there was a real risk of being used in a trial was good enough reason for blocking the deportation.
Last November a special immigrations appeals commission (Siac) in London blocked Qatada’s removal to Jordan to stand trial, because there was a real risk he would be subject to a flagrant denial of justice. The same was challenged by Mrs May at the Court of Appeals where the three judges Lord Dyson, Lord Justice Richards and Lord Justice Elias rejected her appeal.
The judges said that they did recognise Qatada as a dangerous person and the British government considered him to be a danger to national security and that there was a general feeling that his deportation to face trial was long overdue.
They said their ruling was oblivious to the fact that he was considered a dangerous terrorist and that Siac had made an error in law when it decided he could face a flagrant denial of justice if he was returned to Jordan.
Torture was universally abhorred as an evil they said in their ruling and a state could not expel a person to another state where there was a real risk his trial would be conducted on the basis of evidence which was obtained by torture. And the same principle was accepted by the secretary of state without any doubt they added.
They said Siac had applied that principle in the light of all the evidence in Qatada's case, and had committed no error of law in the process.
Already war of words between the home secretary and the judges over the future of human rights legislation in Britain has been going on for some time now and this ruling was not going to go well with the Home Office.
Home secretary’s legal options are narrowing down in the case and she would have to take other options such as taking fresh and stronger assurances from Jordan that Qatada will face a fair trial on his return. It seems May's "twin track" strategy of battling for Qatada's removal in the courts and through diplomatic pressure on Jordan is now under severe pressure.
A Home Office spokesman said that it was not the end of it and the government was determined to deport Abu Qatada. He added that the judgment would be carefully considered and plan to seek leave to appeal. Meanwhile, work will continue with Jordan to address the outstanding legal issues preventing deportation.