Abu Qatada: Q&A - Telegraph Why has he not been deported before now? Qatada's lawyers have fought a decade-long legal battle against deportation which has seen him go through every court in the UK and on to the European Court of Human Rights (ECHR). Despite domestic courts ruling it is safe for him to return to Jordan the ECHR ruled in January this year that he should not be deported because he risks standing trial on evidence that was obtained by torture. Why is it back in the UK courts if they have already ruled he can go? To meet the concerns of the ECHR, Theresa May, the Home Secretary, obtained assurances from Jordan that he would not face an unfair trial. Qatada was allowed to challenge those new assurances at the Special Immigration Appeals Commission (Siac), which has now ruled it is unsafe for him to return. What happens next? Qatada will be released on bail today and will have to be watched around the clock by the security and police agencies. The Home Office will now attempt to overturn the Siac ruling at the Court of Appeal if an application for such a hearing is granted. What happens if the Government fails to overturn the decision? The Government cannot take the case to Europe so if it fails in the domestic courts Qatada will remain in the UK and have increasingly less stringent conditions placed on his movements.