Abu Hamza Wins Passport Appeal

A radical cleric has won his court battle against Government attempts to seize his British passport.

Abu Hamza argued the move would render him "stateless" as he has already lost his Egyptian citizenship after he acquired his passport through marriage.

The Special Immigration Appeals Commission (Siac) sided with 52-year-old Hamza, who is currently serving a seven-year prison term for inciting murder and race hate.

In 2003, attempts to withdraw his passport were launched by the then home secretary David Blunkett.

At the ruling, Mr Justice Mitting said: "We are satisfied on balance of probabilities that if a deprivation order were to be made, the appellant would be made stateless."

Hamza's claim that he was no longer an Egyptian national was rejected by the Government.

In 1982, he was denied an Egyptian passport, but argued a decree issued six years later meant he was allowed one.

However Sabah al Mukhtar, Egyptian law expert appearing as a witness for Hamza's legal team, told the commission it was possible Hamza had been stripped of his nationality upon obtaining a British passport.

He added his interpretation of the law stated if an Egyptian gained foreign nationality without permission, they would be stripped of Egyptian citizenship. However, the expert admitted some of his report was based on speculation.

James Strachan, Home Office lawyer, argued the 1988 decree stated Hamza "was granted permission to obtain British nationality and to retain his Egyptian nationality".

The Egyptian government would not confirm whether Hamza's nationality had been revoked or not.

Mr Justice Mitting said the panel had heard from experts who "had very good grounds for believing... that a decree had been issued, probably unpublished, which effectively stripped the appellant of his (Egyptian) nationality".

Hamza is currently at Belmarsh Prison, where he is challenging attempts to extradite him to the US on terror charges.

The case was delayed by the European Court of Human Rights in Strasbourg in July.

(BMcN)