Hat tip: Julian B
A convicted terrorist banned from Britain for being a risk to national security has been stopped from being deported by the courts.
The Muslim man, who cannot be named, was found guilty of terrorism in Tunisia and has already been extradited once to Italy, where he was accused of being involved in helping to send Islamists to fight in Iraq and Afghanistan.
Theresa May, the Home Secretary, ordered that he be kept out of Britain because his presence would not be "conducive to the public good for reasons of national security", adding that there was evidence he had been involved in "extremist radicalisation".
However, after he was acquitted in Italy, he returned to Britain and has been allowed to stay by the Court of Appeal while he fights Mrs May's ruling. The court's decision has exposed what experts said was a "loophole" in immigration law which would allow "dangerous" people to stay here.
Experts said the case would have serious implications for the Home Office's ability to exclude terrorists and those suspected of terrorist offences, effectively creating an open border for terrorists while they pursue legal challenges.
Although only a small number of people would be affected, they could pose serious risks to national security.
The Tunisian terrorist is likely to use human rights legislation to argue that it is unsafe for him to be returned to his home country, so he can stay permanently in Britain.
Lord Justice Pill, Lord Justice Rix and Lord Justice Lloyd backed the terrorist's right to be in Britain while he mounts an appeal. Lord Justice Pill commented that denying him access to Britain could lead to "potential injustice". The case puts the judiciary and the Government at loggerheads once again, and comes after the Lord Chief Justice, Lord Judge, warned MPs against using parliamentary privilege to reveal the identities of those who have obtained injunctions to protect their privacy.
Anthony Glees, a professor of security and intelligence at the University of Buckingham, said: "The judiciary are putting the rights of terrorists and terrorist suspects above the rights of ordinary people in this country to go about their daily lives in peace.
"This is a very dangerous precedent if it is allowed to stand. It used to be the case that if the home secretary said someone could not enter this country then that was the end of the story."
Read more here
The Tunisian terrorist is likely to use human rights legislation to argue that it is unsafe for him to be returned to his home country, so he can stay permanently in Britain.
Lord Justice Pill, Lord Justice Rix and Lord Justice Lloyd backed the terrorist's right to be in Britain while he mounts an appeal. Lord Justice Pill commented that denying him access to Britain could lead to "potential injustice". The case puts the judiciary and the Government at loggerheads once again, and comes after the Lord Chief Justice, Lord Judge, warned MPs against using parliamentary privilege to reveal the identities of those who have obtained injunctions to protect their privacy.
Anthony Glees, a professor of security and intelligence at the University of Buckingham, said: "The judiciary are putting the rights of terrorists and terrorist suspects above the rights of ordinary people in this country to go about their daily lives in peace.
"This is a very dangerous precedent if it is allowed to stand. It used to be the case that if the home secretary said someone could not enter this country then that was the end of the story."
Read more here
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