U has been in custody since 2001 without being charged with a criminal offence because for the first four years he was fighting attempts to extradite him to the United States in connection with a plot against Los Angeles airport.

Throughout those lengthy proceedings he was eligible to apply to be released on bail.

When the extradition case was eventually abandoned, he was detained under immigration law as the British Government attempted to deport him to Algeria. The Government can detain someone pending deportation while there is a “realistic prospect” of removal from the UK, and U has now been held under immigration law for three years.

U is one of a number of detainees held under the immigration legislation for whom deportation could breach human rights because they could face death or torture on returning home.

In the case of U, the Government has negotiated a bilateral agreement with the Algerian Government — deportation with assurances — to try to overcome fears that he could be subject to inhumane treatment on return. While being held pending deportation, U can apply to the courts against being held in detention.

The length of time U has been held under immigration laws pending deportation is not the longest. Karamjit Singh Chahal was detained for six years until 1996 while he challenged the Conservative Government’s attempt to deport him.

He was finally ordered to be released by the European Court of Human Rights.

Explore Law

• Columnists

• Law Panel

• Law Reports

• Student Law

Times Recommends

• BGC 'set aside £40m to lure Tullett brokers'
• Legal aid review to ensure value
• Fears as 21 magistrates' courts face closure