A UK Appeals Court has ruled that the government cannot restrict the freedom of nine Afghan refugees who entered the country by hijacking a plane six years ago. The nine are now free to travel wherever they wish in the UK, work, and claim social assistance.
In 2000, the men hijacked an internal flight in order to flee the Taliban-ruled country and forced it to fly to the UK. The hijackers held more than 150 passengers hostage in the aircraft for five days at Stansted Airport. In 2001 all were convicted on hijacking and related charges, but in 2003 their convictions were overturned when a higher court found they had been acting under duress. Their application for asylum was refused, but in 2004 a ruling under the European Convention on Human Rights said they could not be sent back to Afghanistan because their lives would be in danger.
Last year they were allowed “temporary admission” status, which would prevent them from working and require them to live where told and check in with the police. Those restrictions were challenged in court and ruled invalid earlier this year. Today’s Appeals Court decision affirms that ruling.
As each successive attempt to deport or restrict the freedom of the Afghan hijackers has been overruled, the adverse judicial decisions have been severely criticised by the government of the day. In today’s ruling, the judges unloaded a broadside at government critics.
Tony Blair had described the judge’s ruling as an "abuse of common sense", but Lord Justice Brooke could not have disagreed more strongly when he described it as "impeccable".
In a clear display of judicial anger at the barrage of criticism, today’s ruling said: "The history of this case through the criminal courts, the immigration appellate authority and back into the civil courts has attracted a degree of opprobrium for carrying out judicial functions.
"Judges and adjudicators have to apply the law as they find it, and not as they might wish it to be."
Previously, a High Court judge has found that the handling of the hijackers’ case by Home Office ministers amounted to "an abuse of power by a public authority at the highest level". Robert Jay, QC, for the Home Secretary, did not challenge that finding at the appeal hearing.
The judges pointed out that the Home Office has had six years in which to change the law so as to allow for deportation, but failed to do so.
Home Secretary John Reid vows to amend the law in the next session of parliament retroactively so that the hijackers can yet be deported.









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