Abu Qatada's Deportation Appeal Hearing Has Been Rejected

Abu Qatada's Deportation Appeal Hearing Has Been Rejected

Abu Qatada's request for a deportation appeal hearing at the Grand Chamber of European Court of Human Rights has been rejected.

The ruling clears the way for deportation proceedings against the radical cleric, described by a judge as Osama bin Laden's right-hand man in Europe, to continue.

Qatada's appeal, lodged on 17 April, prompted a row with Home Secretary Theresa May over whether the three-month appeal deadline from the court's original decision on 17 January expired on the night of 16 April or 17.

A panel of five judges rejected Qatada's bid to have his appeal heard by the Grand Chamber of the European Court of Human Rights, but ruled his application was made in time, meaning the Home Secretary was wrong to claim the three-month appeal deadline from the court's original decision on January 17 expired on the night of April 16.

Mrs May is now likely to refuse any application by Qatada's lawyers to revoke his deportation order and he could be on a plane within weeks.

If the Home Secretary also issues a certificate saying any application by Qatada to revoke the deportation order was "clearly unfounded, his lawyers would make an application to the High Court for a judicial review, which could be decided "in a very few weeks".

But if not, Qatada's legal team could appeal against her decision not to revoke the deportation order to a senior immigration judge at the Special Immigration Appeals Commission and the process could still take "many months".

A statement from the Home Secretary, Theresa May, on 9 May said:

"It has always been the government's intention that the Qatada case should be heard in the British courts, so I am pleased by the European Court's decision today. I remain confident that the assurances I have secured from the Jordanian Government mean we will be able to put Qatada on a plane and get him out of Britain for good. His case will now go through the British courts."

The Prime Minister official spokesperson has said the Prime Minister is "very pleased" by the decision, adding "it means that the case will now be heard in a British court."

Qatada's legal team was challenging the court's decision that the 51-year-old could be sent back to Jordan with diplomatic assurances that he would not be tortured.

It is separate from the court's initial bar on deportation which required the government to first get assurances from Jordan that evidence gained through torture would not be used against Qatada if he is sent back.

Repeated failed attempts by UK governments over the last 10 years to deport the radical cleric have cost nearly £1 million in legal fees.

Immigration Minister Damian Green said the bill since 2002 has reached £825,000 and is still growing.

No figures were given for how much Qatada, described by a judge as Osama bin Laden's right-hand man in Europe, has received in legal aid over that period.

Some estimates put the total cost of keeping Qatada in the UK, either in a high-security jail or closely monitored under strict conditions in the community, along with the legal costs of the fight to deport him, at more than £3 million.

Qatada, who is said to have wide and high-level support among extremists, was convicted in his absence in Jordan of involvement with terror attacks in 1998 and faces a retrial in his home country.

He also featured in hate sermons found on videos in the flat of one of the September 11 bombers.

Since 2001, when fears of the domestic terror threat rose in the aftermath of the attacks, he has challenged, and ultimately thwarted, every attempt by the Government to detain and deport him.

Tory MP Dominic Raab said: "This decision puts Qatada's deportation back under UK control.

"Once the British courts approve the revived deportation application, which ought to happen in the next few weeks, Qatada will presumably try a third appeal to Strasbourg.

"At that point, the government cannot legally be prevented from deporting him, so he should be put straight on a plane to Jordan.

"It would pervert the rule of law to allow him to sit out a third Strasbourg appeal, which could take months, on British soil and at taxpayers' expense."

But Kate Allen, director of Amnesty International UK, said it was a "disappointing decision and a missed opportunity".

"The Grand Chamber would have been the right body to examine this appeal because it raises fundamental issues about whether 'deportation deals' with countries which routinely use torture should ever be relied on," she said.

"Jordan has a known record of torturing detainees and conducting unfair trials. The simple truth is that Abu Qatada will be at personal risk of torture and of receiving an unfair trial in Jordan's State Security Court."

She went on: "When, as is now highly likely, the UK courts examine the question of whether further 'assurances' given by Jordan will guarantee him a fair trial, they need to take a cold, hard look at Jordan's record on torture and unfair trials.

"Meanwhile, if the UK authorities genuinely believe that Abu Qatada has committed a criminal offence, they should either put him on trial in this country or extradite him to a third country that can safely and fairly do so."

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