False names allow terror suspect to dodge deportation

of State “cannot procure the removal” of B.

Iain Duncan Smith, the former Conservative Party leader, said: “How ridiculous. It is completely mad. We have a legal system that has lost all common sense.

“When we leave the European Union we can introduce our own Bill of Rights and then we can kick people like him out.”

The case is a serious blow to the Home Secretary’s pledge to deport foreign terror suspects. Previously the court had ruled that B “played a leading role in facilitating communications for Algerian terrorists, as well as being responsible for the procurement of false documentation and hi-tech equipment”.

The court also said that he “was deliberately refusing to disclose his true identity, in order to thwart the future progress of the appeal, and that this conduct was capable of amounting to an abuse of the due processes of law which he had invoked by pursuing the appeal”.

It is understood that the authorities cannot circulate his picture to find out who he really is as this would breach his human rights and break the anonymity order.

Held for three years under anti-terror laws, B was released in 2005 and placed on a control order subject to a deportation order. But by refusing to confirm his identity he has beaten the system.

Tens of thousands of pounds in legal aid have been spent on his case. His solicitors have been asked by the Government to help identify their client but have failed to comply.

A Home Office spokesman said it was was “extremely disappointed with Siac’s judgment, particularly as they have twice ruled this individual to be of national security concern”.

He added: “We pursue every possible avenue to remove foreign nationals who threaten our security and are actively considering our options to appeal.”