Government refused Supreme Court challenge over Abu Qatada deportation

14:25 23 April 2013

The government has been refused permission to take its fight to remove preacher Abu Qatada from the UK to the Supreme Court, the Judicial Office said today.

Last month, Home Secretary Theresa May lost her appeal court challenge over the decision to allow the radical preacher to stay in the UK.

In March, the Court of Appeal backed an earlier ruling that Qatada, also known as Omar Othman, could not be deported over fears that evidence obtained through torture would be used against him.

At the Court of Appeal, Mrs May’s lawyers had challenged a ruling made in November 2012 by immigration judges on the grounds that Qatada was a “truly dangerous” individual who had escaped deportation through “errors of law”.

But three appeal judges said the Special Immigration Appeals Commission (Siac) was entitled to conclude that disputed statements will be used against Qatada.

A resident in the UK since September 1993, Qatada was returned to jail last month after he was arrested for alleged bail breaches.

A hearing over whether he should be granted bail again was due to be held last month, but was delayed.

Police searched Qatada’s family home in London before he was held and have since said that he is being investigated over extremist material.

The government can still apply directly to the Supreme Court in a bid to take the case further.

The normal process is to submit a permission to appeal application which would then be considered by three Supreme Court justices.

They would decide whether or not the application raised a point of law of general public importance.

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