Judges could leave May in limbo over Qatada case

The ruling on the Jordanian terror suspect’s bid to appeal will be made by a panel of five judges but they do not usually reveal any of the reasons for their decision, Mrs May said.

The revelation that the panel will simply announce whether or not Qatada’s appeal against extradition can go ahead means the row over the deadline may never be cleared up.

The confusion, which centres on whether the three-month appeal deadline from the court’s original decision on January 17 expired on the night of April 16 or 17, risks seeing the cleric freed and back on Britain’s streets within weeks.

It now looks unlikely that anyone will be able to say whether the Government’s interpretation of the deadline was right or wrong.

The panel considering whether to allow the appeal to the Grand Chamber of the European Court of Human Rights (ECHR) will look at several factors along with whether the referral was made in time, Mrs May told the Commons Home Affairs Select Committee. But the exact reason for a referral being accepted or rejected is not usually given and, as the final arbiters, the judges could even decide to accept a late appeal, even though this would be against the court’s guidance, she added.

The Home Secretary failed six times to directly answer whether she had any email, letter or document from the court saying when the deadline was but insisted she had “unambiguous legal advice” from the Government’s lawyers that the deadline expired on the night of April 16.

She denied the situation had descended into farce.

She said: “I don’t consider it a farce for a Government Minister to take unambiguous legal advice, to act on that unambiguous legal advice, and to take action at the first possible opportunity to resume the deportation of an individual who is considered to be a danger to our national security.”

Asked about the judges’ decision on the deadline, she added: “I understand that the panel of judges do not give their reasons why they do or do not accept or reject a referral.

“They would be looking at a number of issues, the deadline and other aspects.

“I understand it is normal practice that the decision that will come out is simply a decision as to whether or not the referral has been accepted.”

The Home Secretary insisted the advice she was given was clear and consistent.

But Shadow Home Secretary Yvette Cooper said Mrs May’s comments showed she “has taken significant risks which may make it harder not easier to deport Abu Qatada”.

The MP for Normanton, Pontefract and Castleford accused Mrs May of “serious failure of judgment on a case which has significant national security implications.”