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| Abu Qatada faces fresh deportation attempt by Theresa May | Abu Qatada faces fresh deportation attempt by Theresa May |
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| Appeal court judges say they will deliver their ruling before Easter on the latest attempt by the home secretary, Theresa May, to lift the legal block on deporting the radical Islamist cleric, Abu Qatada, back to Jordan. | Appeal court judges say they will deliver their ruling before Easter on the latest attempt by the home secretary, Theresa May, to lift the legal block on deporting the radical Islamist cleric, Abu Qatada, back to Jordan. |
| Their decision follows a one-day appeal court hearing on Monday during which James Eadie QC, on behalf of the home secretary, argued that the special immigration appeals commission (Siac) had "erred in law" and taken the wrong approach when it concluded that Qatada could not be sent back to Jordan because he would not face a fair trial. | Their decision follows a one-day appeal court hearing on Monday during which James Eadie QC, on behalf of the home secretary, argued that the special immigration appeals commission (Siac) had "erred in law" and taken the wrong approach when it concluded that Qatada could not be sent back to Jordan because he would not face a fair trial. |
| Siac blocked Qatada's deportation on the grounds that he would face a retrial for bombing offences dating back to 1998 based on evidence obtained by torture and that would amount to a "flagrant denial of justice". | Siac blocked Qatada's deportation on the grounds that he would face a retrial for bombing offences dating back to 1998 based on evidence obtained by torture and that would amount to a "flagrant denial of justice". |
| The case is a key test for diplomatic assurances secured by May that Qatada would face a fair trial if he was returned to Jordan. It is now 11 months since May told MPs that she could soon put Qatada on a plane and "out of our country for good". | The case is a key test for diplomatic assurances secured by May that Qatada would face a fair trial if he was returned to Jordan. It is now 11 months since May told MPs that she could soon put Qatada on a plane and "out of our country for good". |
| Eadie told the appeal court that this was the first case in which a deportation had been blocked on the human rights grounds of "a flagrant denial of justice" and was uncharted legal territory. He said Siac had failed to take account of recent changes to the state security court and the fact that "eyes of the world" would be on the case to ensure a fair trial took place. | Eadie told the appeal court that this was the first case in which a deportation had been blocked on the human rights grounds of "a flagrant denial of justice" and was uncharted legal territory. He said Siac had failed to take account of recent changes to the state security court and the fact that "eyes of the world" would be on the case to ensure a fair trial took place. |
| Lord Dyson, the master of the rolls, told Eadie he would have to demonstrate that the Siac had made an error of law in blocking Qatada's removal, and reminded him that torture was endemic in the state security system in Jordan. | Lord Dyson, the master of the rolls, told Eadie he would have to demonstrate that the Siac had made an error of law in blocking Qatada's removal, and reminded him that torture was endemic in the state security system in Jordan. |
| Ed Fitzgerald QC, for Qatada, said Siac's ruling was "entirely reasonable and rational" and based on "concrete and compelling evidence" that he faced a risk of being tried on evidence obtained by torture. He said Home Office lawyers had identified no error in law and were simply "quibbling with findings of fact". Judgement was reserved. | Ed Fitzgerald QC, for Qatada, said Siac's ruling was "entirely reasonable and rational" and based on "concrete and compelling evidence" that he faced a risk of being tried on evidence obtained by torture. He said Home Office lawyers had identified no error in law and were simply "quibbling with findings of fact". Judgement was reserved. |
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