Theresa May Loses Abu Qatada Appeal

Theresa May. Photograph courtesy of the Home Office

The Court of Appeal has rejected home secretary Theresa May’s attempt to overturn the Special Immigration Appeals Commission’s decision to block radical cleric Abu Qatada’s deportation to Jordan.

The three court judges unanimously dismissed May’s appeal, saying that the fact Qatada is considered a “dangerous terrorist” was irrelevant to their decision. They reminded May that “torture is universally abhorred as an evil” and the UK cannot expel someone to a country where there is a real risk they will face torture backing the Special Immigration Appeals Commission’s decision in November where they said that Qatada could face a “flagrant denial of justice” if sent to Jordan for trial.

This ruling will fuel the nationwide debate over human rights legislation, with May already accusing the courts of “moving the goalposts” and supporting a repeal of the Human Rights Act. May will likely take the case to the Supreme Court, although success there is unlikely as the case would have to be based on a fresh point of law. She will also continue to work with the Jordanian authorities to obtain further assurances that Qatada will not face torture if returned, with a Home Office spokesman saying:

“This is not the end of the road. The government remains determined to deport Abu Qatada. We will consider this judgment carefully, and plan to seek leave to appeal”