Afghan hijackers win court challenge

Nine Afghan asylum seekers who hijacked a plane to Britain have won a High Court challenge to the government's failure to grant them refugee status. The ruling relates to the Afghan hostage drama at Stansted Airport in 2000 which led to a four day stand-off. A total of 78 people from the plane went on to make formal applications for asylum in the UK.

The stand-off at Stansted lasted for four days

Home Office minister Gerry Sutcliffe called the ruling "bizarre", and said ministers were considering an appeal. "It is common sense that, to deter hijacking and international terrorism, individuals should not be rewarded with leave to remain in the UK," said a Home Office spokesman. "That is why the Home Office introduced a policy that, depending on the circumstances of the case, enabled the secretary of state not to grant leave of any sort to people who are excluded from international protection and instead keep them on temporary admission."

The question of what should happen to the nine and their families had caused a serious clash between the government and the judiciary over human rights law. The High Court judge expressed his anger over the way ministers failed to follow correct legal procedures and "deliberately delayed" implementing an adjudication appeal panel's decision from two years ago. The decision in June 2004 meant that, under human rights law, the nine could not be sent back to Afghanistan where their lives would be at risk. The judge also made an unprecedented order that the Home Office should pay legal costs on an indemnity basis - the highest level possible - to show his "disquiet and concern".

Successive home secretaries had failed to grant the Afghans discretionary leave to enter the UK. The nine were only permitted temporary admission, due to fears that to allow them to live and work freely in Britain would amount to "a charter for future hijackers".

However, Mr Justice Sullivan, sitting in London, said: "It is difficult to conceive of a clearer case of 'conspicuous unfairness amounting to an abuse of power'." The judge went on: "Lest there be any misunderstanding, the issue in this case is not whether the executive should take action to discourage hijacking, but whether the executive should be required to take such action within the law as laid down by Parliament and the courts."

Following the ruling, the Home Office said: "The hijackers are not deemed to present a threat to the UK's national security at present and it remains our intention to remove them as soon as it is possible to ensure that they can be returned in safety to Afghanistan."

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