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Home Office launch Supreme Court Appeal against Abu Qatada ruling | Immigration Matters

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The UK Government has asked for permission to appeal to the Supreme Court against an earlier Court of Appeal ruling preventing the deportation of Abu Qatada.

Last month Court of Appeal judges upheld a ruling that he could face an unfair trial if he were deported to Jordan to face terror charges.

The move is the latest in a ten year Home Office battle to have the radical Islamic cleric deported from the UK.

A Home Office spokesman said:

“The government remains committed to deporting this dangerous man,”

“We continue to work with the Jordanians to address the outstanding legal issues preventing deportation.” he added.

History of Qatada in the UK

In April 1999, Abu Qatada was convicted in his absence on terror charges in Jordan and sentenced to life imprisonment, and it is on these charges that he faces a retrial.

Last month, Court of Appeal judges said in their judgement that the Special Immigration Appeals Commission (SIAC) was entitled to think there was a risk that “impugned statements” obtained by the torture of others would be admitted in evidence at his retrial.

This meant there was “a real risk of a flagrant denial of justice”, the judges ruled, despite the fact that it would take place in another country which has given assurances that no breach of human rights would take place.

Fair trial possible in Jordan

The senior judges said the court accepted that Qatada “is regarded as a very dangerous person”, but that was not “a relevant consideration” under human rights laws.

The British government has repeatedly argued that a block on his deportation should be lifted, saying a fair trial in Jordan was possible.

Abu Qatada was first arrested in October 2002 in south London and detained in Belmarsh high-security prison. He was re-arrested and released on bail number of times over the years that followed.

Last November, he was released on bail when the courts blocked the Home Secretary’s attempt to deport him to Jordan, but was arrested last month for allegedly breaching the strict bail conditions.

Qatada has never been charged with an offence in the UK. Source: BBC News.

Deporting illegal immigrants who arrive in Britain without a visa or valid passport could be costing tax payers up to £100million a year, and an ippr report a few years ago concluded that it would cost £5 billion and take 20 years to remove half a million illegal immigrants and visa overstayers from the UK.

Immigration advisers Bison Management UK are concerned that, unlike Qatada, many people who are detained are often intimidated by the experience and feel rushed into leaving voluntarily or are scared to seek legal advice.

“Some clients have left voluntarily when they had a right to appeal or stay in the UK, for instance because they are in a relationship and have children.

“Even overstayers can avoid removal if they have an EEA partner. In a recent case we managed to pull one of our overstaying student clients off a deportation flight ten minutes before take off because he was in a genuine relationship, and therefore a human right to a family life under article 8, with his Eastern European girlfriend.”

Bison advises clients to always carry contact details for their immigration adviser or lawyer, as you never know when you might need them in an emergency.

If you have been detained and need advice, call Bison Management on 0208 905 1822.

If you have been arrested or detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

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