Terror suspect decision delayed

David Blunkett was criticised by the commission

A ruling on whether a man suspected of links to al-Qaeda can be released from a UK jail has been postponed on the grounds of national security.

The Home Office is appealing against the decision of an immigration tribunal to release the 37-year-old Libyan man.

Identified only as M, he has been held without trial for more than 15 months.

But his release was put on hold while the government was given time to mount a challenge to the decision at the Court of Appeal.

The Lord Chief Justice has said he does not expect a ruling to be made on the case before Thursday.

Lord Woolf, who leads the panel of judges, had hoped to hear all arguments in public but some of the hearing has had to be held in private on the grounds of national security.

M was one of 14 people to be detained under the Anti-terrorism, Crime and Security Act and is being held at Belmarsh maximum security prison in south-east London.

The act allows the government to hold foreign nationals suspected of terror links but who cannot be deported, without charge or trial.

Home Secretary David Blunkett is appealing against a decision last week by the Special Immigration Appeals Commission (Siac) that the detention of the man was not justified.

M, who was detained in November 2002, is the first terror suspect to have appealed successfully against his imprisonment.

Siac said the detaining of M was based on evidence that was "wholly unreliable and should not have been used to justify detention", and David Blunkett had not established "reasonable suspicion" that M had links to al-Qaeda.

'Irrational' decision

The Court of Appeal heard on Wednesday that Siac had admitted in its open judgment that M was a member of the Libyan Islamic Fighting Group (LIFG) - an anti-Colonel Gaddafi organisation that was not banned in the UK and not regarded as a threat to national security.

Siac also criticised statements made on Mr Blunkett's behalf as misleading and inaccurate.

Government lawyers are seeking permission from the Court of Appeal to contest Siac's decision, arguing that it is "irrational and unreasonable".

They insist the central point of the appeal is that M provided support and assistance to al-Qaeda and its associated networks.

Wyn Williams QC, representing the home secretary, told the court M had been detained because of links with terrorist organisations other than LIFG.

He also said that although M had been involved in procuring arms to attack the regime of Colonel Gadaffi, he had also transferred money to an individual suspected of having links with al-Qaeda.