Algerians win appeal over deportation

The ruling in their favour by the highest court in the land follows a defeat in the Court of Appeal in 2010 when judges rejected challenges in which they claimed they would be at risk of inhuman and degrading treatment if deported.

The Algerian nationals, all “suspected terrorists”, brought cases against decisions of the Special Immigration Appeals Commission (Siac), which in each case upheld a decision by the Home Secretary to deport on the grounds of national security.

At the Court of Appeal their challenges were unanimously rejected by Lord Justice Jacob, Lord Justice Sullivan and Sir David Keene.

But yesterday five justices at the Supreme Court unanimously allowed their appeals.

A Home Office spokeswoman said after the decision: “This judgment is based on a narrow point of legal process and does not change our intention to seek the deportation of these men as soon as possible because they remain a national security risk.”

Yesterday’s ruling was made by Lord Phillips, president of the Supreme Court, Lord Brown, Lord Kerr, Lord Dyson and Lord Wilson.

Lord Brown said the “difficulty” and “dilemma” raised by the case faced the court “with what can only be regarded as the most unpalatable of choices”.

He said: “It is lesser evils which the court is searching for here, not perfect solutions.”

The appellants, who cannot be named for legal reasons, claimed that they would be at risk of treatment contrary to Article 3 of the European Convention on Human Rights if deported back to Algeria.