John Reid promised today to curb the rights of "undesirable" asylum seekers after the Government suffered yet another court defeat over the nine Afghan hijackers.

Three Appeal court judges not only upheld the right of the nine to work in Britain, but delivered a broadside against politicians who have criticised legal decisions in the Afghan asylum case.

Tony Blair had described the judge’s ruling as an "abuse of common sense", but Lord Justice Brooke could not have disagreed more strongly when he described it as "impeccable".

In a clear display of judicial anger at the barrage of criticism, today’s ruling said: "The history of this case through the criminal courts, the immigration appellate authority and back into the civil courts has attracted a degree of opprobrium for carrying out judicial functions.

"Judges and adjudicators have to apply the law as they find it, and not as they might wish it to be."

Previously, a High Court judge has found that the handling of the hijackers’ case by Home Office ministers amounted to "an abuse of power by a public authority at the highest level". Robert Jay, QC, for the Home Secretary, did not challenge that finding at the appeal hearing.

After today's judgment Mr Reid pledged to change the law in an immigration bill planned for the next session of parliament. The Government plans to make the law retrospective so that the nine Afghan hijackers can be denied leave to stay in the UK.

"The court has ruled that it is not open to me to deny leave to enter the United Kingdom to the Afghan hijackers, or people like them, whose presence we regard as undesirable," said Mr Reid.

"I continue to believe that those whose actions have undermined any legitimate claim to asylum should not be granted leave to remain in the UK."

The men, who kept more than 150 frightened passengers captive on a Boeing 727 for five days at Stansted airport in February 2000, are now allowed to work, claim state benefit and travel where they want.

A QC for John Reid argued at a hearing last week that, although the nine could not be deported because of their human rights, immigration law allowed him to impose "temporary admission" status on them and curb their freedom while they remained in the country.

Those subjected to temporary admission normally have to rely on state hand-outs, cannot work or obtain travel documents, but have to live where they are told, report to the police regularly and remain subject to detention at any time

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