Normal people will not take even visa on the United Kingdom, potential terrorist offenders earn the case in Britain.
The decision represents a setback to the British government.
Home Office officials say they strongly disagree with the ruling.
The Special Immigration Appeals Commission on Monday blocked the deportation of Abu Qatada, saying it was not convinced by the government’s assurances that no evidence obtained through torture would be used against Abu Qatada in Jordan.
The Special Immigration Appeals Commission (Siac) decided the radical cleric could not have a fair trial in Jordan because evidence obtained via torture could be used against him.
This is despite the Home Secretary securing assurances from the country that this would not happen.
In a further blow, Siac president Mr Justice Mitting said he was “minded” to release Qatada on bail and he could be freed immediately unless the Home Office mounts a successful challenge.
Edward Fitzgerald QC, for Qatada, said: “Enough is enough. It has gone on for many years now. There is no prospect of deportation taking place within a reasonable time, in fact there is no prospect at present of deportation at all.”
The successful appeal is the latest twist in a battle that has now lasted more than a decade.
Siac has already rejected the Government’s application to appeal the decision but permission can still be sought at the Court of Appeal.
Robin Tam QC, for the Home Office, said: “You have made a legal error in setting the threshold too low. We should have the possibility to ask the Court of Appeal to consider that.”
The Home Office said the Government “strongly disagrees” with the ruling.
“We have obtained assurances not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial,” a spokesman said.
“Indeed, today’s ruling found that ‘the Jordanian judiciary, like their executive counterparts, are determined to ensure that the appellant will receive, and be seen to receive, a fair retrial’. We will therefore seek leave to appeal.”
Mrs May will make a statement in the Commons later.
Qatada, once described by a judge as Osama bin Laden’s right-hand man in Europe, was allowed to stay in Britain in 1994 but was convicted of terror charges in Jordan in his absence in 1999.
The cleric, who is said to have wide and high-level support among extremists, featured in hate sermons found on videos in the flat of one of the September 11 bombers.
In December 2001, he became one of Britain’s most wanted men after going on the run from his home in west London. He was arrested almost a year later and detained in Belmarsh prison.
He has been in and out of jail in the intervening years and was re-arrested in April amid hopes in Government that he could finally be removed from the country.
His legal team lodged a fresh appeal at the European Court of Human Rights but lost, kicking the fight back to the British courts and Siac.
At the hearing last month, Jordan expert Professor Beverley Milton-Edwards, had warned that a fair trial for Qatada there was “unlikely”.
He has been referred to as a top al-Qaeda operative who had close ties to the late Osama bin Laden.
What are the criteria for the Home Office United Kingdom ?
Married to citizens of the United Kingdom, andnot associated a any radical organization, with to a visa or a residence permit normal people that do not permit the Home Office how can you log on to one of the terrorist designs ?
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