Judge ruling indicates Abu Qatada could be granted bail once again - Telegraph.co.uk

On that basis, Mr Justice Mitting concluded that deportation was now more likely and therefore Qatada posed a flight risk.

Accordingly, he refused bail.

But in the formal written judgment published yesterday, Mr Justice Mitting concluded: "If it is obvious after two or three weeks have elapsed that deportation is not imminent either because the Secretary of State has not certified or because, having done so, a having certificate is struck down by the Divisional Court, then I will reconsider basis of a more leisurely timetable than that necessarily required for a full-appeal to SIAC."

It was Mr Justice Mitting who granted Qatada bail in February this year following the original ruling of the ECHR because deportation was not imminent.

The court had said in January that because the firebrand faced the risk of a Jordanian trial using evidence obtained by torture he should not be deported.

As a result of that ruling, Mr Justice Mitting concluded that any removal was some distance away and, considering he had spent at least six years in custody awaiting deportation, he must now be bailed.

He was released in February and placed under strict bail conditions including being confined to his home for 22 hours a day.

In his latest judgment Mr Justice Mitting referred to his original bail ruling saying that at the time the likely deportation of Qatada was facing a "long period of uncertainty".

The judgment showed that on Tuesday afternoon, before news of the appeal and likely delays, Mr Justice Mitting believed there was a "realistic prospect to bring this matter to a close rapidly"

But now that such a prospect of a rapid conclusion has dramatically diminished, the ruling will be seized on by Qatada's lawyers who will argue because the case has once again been referred to the European Court there is no "imminent" prospect of deportation.

It is possible they will now reapply to Siac for bail within a matter of days.

In 2002, an immigration court had described Qatada as a "truly dangerous individual".

But following the January ruling, lawyers for Qatada were granted an urgent bail hearing which was completed within three weeks of the judgment.

Releasing Qatada from custody on February 6, Mr Justice Mitting, who is the president of Siac, concluded that his detention had been justified up to that point but the chances of his removal were "slimmer than they were" before the human rights ruling.

He said the risks to national security and of absconding had not significantly changed from May 2008, when he last granted bail. Qatada was recalled within six months of his release in that year for breaching the terms of his licence.

He also warned that if there was no development within three months he would even consider relaxing his stringent bail conditions.

That prospect could raise itself again now for the Home Secretary if Qatada is released once more and legal merry-go-round grinds to snail pace.