Qatada’s appeal is delaying tactic says May

His lawyers lodged an appeal with Europe’s human rights judges yesterday, effectively blocking the Government’s attempts to deport him to Jordan, just hours after he was sent back to jail.

But Mrs May insisted the radical cleric had already run out of time to appeal over the judges’ original decision which was made three months ago.

Qatada’s legal team claims judges at the European Court of Human Rights (ECHR) were wrong when they ruled in January he would not be at risk of torture if returned to Jordan.

The court’s Grand Chamber will decide whether to hear his appeal “soon”, but the radical cleric cannot be deported until it has reached a decision.

The latest appeal is separate from any others Qatada’s legal team may make over Tuesday’s decision by Mrs May to continue with his deportation after receiving assurances from Jordan that evidence gained through torture would not be used against him.

Instead it relates to a different strand of the original decision of the Strasbourg-based court which found the 51-year-old could be sent back to Jordan with diplomatic assurances he would not be tortured.

Mrs May said: “This is a delaying tactic from Abu Qatada. It is a delaying tactic which he chose to use only after he had seen the strength of the Government’s case in the Siac (Special Immigration Appeals Commission) court yesterday.”

Asked whether the Home Office may have got its timing wrong, Mrs May said: “As you would expect, we have been in touch with the European court over the last three months to check our understanding.

“They were absolutely clear that we were operating on the basis that it was midnight on April 16. But the final decision is always taken by the panel (of the Grand Chamber).”

A spokeswoman for the Strasbourg-based court confirmed the appeal was lodged at 11pm local time (10pm BST) yesterday and said: “The fact that we have received a referral request means that the chamber judgment is not final and that the Rule 39 injunction against removal remains in force.”

Qatada’s lawyers have said they will challenge all moves to deport him and it may be months before he can be lawfully kicked out.

Qatada was convicted in his absence in Jordan of involvement with terror attacks in 1998.