Abu Qatada deportation case: Legal advice was ‘unambiguous’, claims Theresa May

• Theresa May says she received “unambiguous legal advice” on legal deadline

• Decision to arrest Abu Qatada based on court rules

• Home Secretary under pressure over Government actions

Theresa May backed David Cameron’s comments yesterday that the Home Office “checked repeatedly” with the European Court of Human Rights (ECHR) about when the deadline expired and was “very clear” about the date.

The controversial issue, which centres on whether the three-month appeal deadline from the court’s original decision on January 17 expired on the night of April 16 or 17, risks seeing the radical cleric freed and back on Britain’s streets within weeks.

But Mrs May said she was given “unambiguous legal advice” on the deadline from lawyers in the Home Office and the Foreign Office.

She also told MPs the decision to arrest Qatada on the morning of April 17 was also based on the court’s rules, associated guidance notes and precedent.

Mrs May refused to directly answer whether she had any email or letter from the court saying when the deadline was.

“The decision as to whether or not the deadline has passed is taken by the panel of judges at the Grand Chamber,” she said.

“They are the arbiters.

“It’s up to the panel of judges as to what decision they take.”

The case has infuriated opposition leaders who have accused the government of mishandling the affair.

Mrs May added she was right to act when she did and “take the first opportunity to deport Abu Qatada”, once described by a judge as Osama bin Laden’s right-hand man in Europe.

The Home Secretary admitted there was “speculation about mixed messages on the Monday night (April 16) and the Tuesday morning”, but insisted the advice she was given was clear.

“All the advice I’ve been given has been the same,” she added.