Abu Qatada: court rejects government's appeal bid

Theresa May's legal battle to deport the radical Islamist preacher Abu Qatada has suffered a further setback with the court of appeal turning down her attempt to take the case to the supreme court.

The home secretary is now expected to try the last remaining legal avenue open to her – a direct appeal to the highest court in the land – in her bid to overturn last month's appeal court ruling that Qatada could not be sent back to Jordan when there was a real risk he would face a trial based on evidence obtained by torture.

A spokesman for the Judicial Office said on Tuesday that the court of appeal had confirmed it had refused permission for the home secretary to appeal to the supreme court. Appeals have to be based on a fresh point of law.

A Home Office spokesman reacted to the decision by saying: "We are disappointed with the court of appeal's decision but will now request permission to appeal directly from the supreme court.

"The government remains committed to deporting this dangerous man and we continue to work with the Jordanians to address the outstanding legal issues preventing deportation."

The home secretary confirmed last week that Abu Qatada, who is being held in Belmarsh prison for breaching bail conditions, could still face prosecution in Britain. "He was arrested for breaching his bail conditions, and obviously consideration is being given in looking at the material that was discovered to see whether that leads to prosecution," May told MPs.

She is rapidly running out of legal options and it is likely that fresh attempts will be made to secure even stronger assurances from the Jordanians that he will face a fair trial on bombing conspiracy charges should he be returned.

The three appeal court judges, who unanimously dismissed May's last legal attempt to deport Qatada in March, reminded her in their ruling that "torture is universally abhorred as an evil", and states cannot expel someone where there is a real risk that they will face a trial based on evidence obtained by torture.

The appeal court ruling by the master of the rolls, Lord Dyson, with Lord Justice Richards and Lord Justice Elias, threw out the home secretary's attempt to overturn a ruling last November by the special immigrations appeals commission (Siac) in London blocking Qatada's return to Jordan to stand trial because "there was a real risk he would be subject to a flagrant denial of justice".

The appeal court judges said they recognised, however, that Qatada was "regarded as a very dangerous person" and that the British government considered him to be a danger to national security, adding: "It is entirely understandable that there is a general feeling that his deportation to Jordan to face trial is long overdue."

But the judges said the fact that he was considered a dangerous terrorist was irrelevant to their decision.