He ordered Home Secretary John Reid to grant the nine 'discretionary leave' to remain in the UK, subject to review every six months. officials, two different groups of hijackers, one in 1971 and another in 1972, threatened to crash planes into nuclear power plants. 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.' 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'.' If they say no then the answer obviously is no, but the thing is theyre not gonna say no, they were never going to say no. They look around and what do they see Nothing but clouds. 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'. 'Think about it, theyre on a plane with a group of people they barely know. Successive home secretaries had failed to grant the Afghans discretionary leave to enter the UK. They said a mistake in directing the jury was the only reason the men's appeal had succeeded.

The nine men were jailed at the Old Bailey in 2001 for hijacking the Ariana Boeing 727 on an internal flight in Afghanistan.Īppeal judges quashed the convictions in May 2003 but insisted that their decision was 'not a charter for future hijackers'. 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'.

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 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 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. To deter hijacking and international terrorism, individuals should not be 'rewarded with leave to remain in the UK', the Home Office said.Ī spokesman said it had introduced a policy that enabled the secretary of state not to grant leave to people who are 'excluded from international protection' and keep them on temporary admission visas.

Plane hijacking audio