Abu Qatada's deportation has been put on hold, in an acutely embarrassing development for the home secretary. Photograph: Matt Dunham/AP

A furious row over missed deadlines has broken out between London and Strasbourg after the European court of human rights dramatically halted an attempt to deport the radical Islamist cleric Abu Qatada less than 24 hours after it was ordered by the home secretary.

Theresa May ordered Qatada's arrest and detention on Tuesday in the belief that the three-month deadline for appeals to be lodged against the original Strasbourg ruling on the case on 17 January had passed at midnight on Monday. But it emerged on Wednesday that Qatada's lawyers had lodged an 11th-hour appeal on Tuesday night, halting moves by the Home Office to press ahead with the deportation proceedings.

The development, on the eve of the British-organised prestigious Council of Europe conference in Brighton to reform the working of the European court of human rights, is embarrassing to the home secretary, who told the Commons on Tuesday that Qatada could be sent back to Jordan "in full compliance with the law".

But the European court of human rights (ECHR) insisted the deadline was actually midnight on Tuesday and accepted the appeal application from Qatada's lawyers at 11pm on Tuesday night.

An ECHR spokeswoman said this meant the legal block on the radical cleric's deportation to Jordan remained in force until a panel of European judges decided whether the case should go to the court's grand chamber on appeal. No date has yet been fixed for that hearing.

The ECHR spokeswoman confirmed to the Guardian that it believed the deadline was actually midnight on Tuesday, and not Monday night as was assumed by the Home Office.

"We did receive a referral to the grand chamber from the applicant at 11pm and it will be decided by a panel of judges at a date to be fixed," she said.

But the Home Office strongly disputes this, insisting the deadline for appeals to the original Strasbourg ruling passed after three months on midnight on Monday 16 April, lifting the "rule 39" injunction and finally clearing the way for his deportation.

"Qatada has no right to refer the case to the grand chamber of the European court of human rights, since the three-month deadline to do so lapsed at midnight on Monday night. His case should be heard in British courts, as the home secretary outlined to parliament yesterday. In the meantime, he remains in custody," said a Home Office spokesman.

A Strasbourg spokeswoman later said that an appeal request had to be received by the court within three calendar months of the date of the delivery of the judgment: "It is always open to the other party in the case to argue that a referral request is not made within the time limit.

"One of the questions that the grand chamber panel will have to decide is whether the request was sent within the time limit set out in article 43 of the convention. We cannot comment on the view taken by the UK authorities about when the deadline expired."

Article 43 adds that the three calendar months are not interrupted by bank holidays.

May claimed the last-minute appeal was no more than a delaying tactic by Qatada's lawyers and insisted it was out of time.

"There is no question that we have broken the law in arresting Abu Qatada. I am absolutely sure we got the deadline date correct," she said.

"We believe the appeal is outside the deadline. His lawyers only decided to lodge this appeal after they saw the strength of our case at the special immigration appeals commission to resume his deportation to Jordan."

She said that once the issue was resolved the deportation proceedings would be resumed. "I don't think anybody should be surprised at the use of these delaying tactics," she said.

But Keith Vaz, the chairman of the Commons home affairs select committee, said Qatada's deportation was becoming "chaotic and almost farcical".

He said: "It's very important that [May] should clarify this as soon as possible by making a statement to the house after she knows what the facts are."

The Conservative backbencher David Davis said the fresh block on Qatada's deportation was embarrassing for the home secretary. He said he did not blame May but said the Home Office had "dropped the home secretary and her ministers in it."

The former shadow home secretary said he hoped Qatada was not released on bail but remained in custody in maximum security conditions.

The Labour justice spokesman Chris Bryant said it showed May had failed to check all the relevant details in the runup to Qatada's arrest.

"All of us want Abu Qatada to be deported to Jordan; we also want the home secretary to go through the proper processes, abide by the law so we don't end up having to pay compensation to this ghastly man – but what seems to have happened is that the very basic details weren't done before the big fanfare of the announcement yesterday."

http://www.guardian.co.uk/world/2012/apr/18/abu-qatada-deportation-human-rights

Oh FGS!!!!!!! Can't they get anything right!

Seems not

It drives me especially when the news is accompanied by a picture of him looking such a smug b'stard!

Lawyers for the government are getting paid squillions and they should have got a little detail like the deadline correct!

Nothing surprises me with Teresa May any longer. Her incompetence is beyond belief.
She makes f*ck up after f*ck up, then always blames junior ministers or lowly, poorly paid civil servants, who only act upon her orders.
Hopefully this will be the final straw, and Dave will hopefully sack her (although I am told she is shit in the sack), or she will fall on her sword (as opposed to Dave's love sword).
I wonder whether Dave is giving her a good seeing to in the same way that Major backscuttled Edwina Currie?
Could that be why she is Teflon coated and seemingly bomproof?

The Home Secretary's promise to keep radical cleric Abu Qatada in prison until he is deported has been thrown into doubt.

Theresa May has insisted the application by the cleric's lawyers to prevent him being sent to Jordan should be thrown out by the European Court of Human Rights (ECHR) because it missed a three-month appeal deadline.
However, Labour has released advice from the research department of the Council of Europe - which is responsible for the court - suggesting it may have just beaten the deadline.
But the confusion over the appeal could lead to Qatada - once described by a judge as Osama bin Laden's right-hand man in Europe - being back on British streets in just a fortnight.
Mr Justice Mitting, the British special immigration appeals commission judge, returned Qatada to jail this week after a rapidly convened court hearing found deportation was imminent and the chance of Qatada trying to abscond had increased.
But, in his written judgment, he said if it is "obvious" in two or three weeks that deportation is "not imminent" he will reconsider bail.
Ultimately we will have to wait to hear from the European Court, whose decision is expected soon.
Sky's Niall Paterson on what a difference a day makes
The revelation came as the Government faced further embarrassment over the case when a note - sent to the House of Commons Library - emerged that appeared to back the Qatada team's appeal timings.
It was signed by Nathalie Chene of Secretariat of the Committee of Ministers Council of Europe.
It stresses the final decision on whether the appeal is admissible now rests with a panel of five judges from the court's Grand Chamber.
"The Othman (Qatada) case was supposed to become final on 17/04/2012 and, according to the information provided by the European Court, the applicant requested a referral to the Grand Chamber on the 17/04," the note said.
"So I would say that it just in time but of course the Court (panel) may decide otherwise."
Earlier, in the Commons, Mrs May was adamant that the appeal deadline had passed 24 hours earlier at midnight on Monday, April 16.

Theresa May says she will resist an application to release Qatada

"The Government is clear that Abu Qatada has no right to refer the case to the Grand Chamber of the European Court of Human Rights, since the three-month deadline to do so lapsed at midnight on Monday," she said.
"The Government has written to the European Court to make clear our case that the application should be rejected because it is out of time."
On Tuesday, Mrs May announced Qatada had been rearrested and deportation proceedings resumed in the absence of any appeal against the court's ruling - issued on January 17 - that he would not face torture if he was deported to stand trial on terrorism charges in his native Jordan.
However, that night, at 11pm local time Qatada's lawyers lodged their appeal with the ECHR.
In the Commons, Mrs May accused the lawyers of using "delaying tactics" to hold up the deportation process.
Shadow home secretary Yvette Cooper called for Mrs May to "get a grip" on the "farcical" situation.
"I think this has been farcical, this week - it's been completely chaotic," she said on BBC One's Question Time.
"We all want to see Abu Qatada deported to Jordan as soon as possible within the rule of law, and I think he should be kept in custody in the meantime."
http://news.sky.com/home/politics/article/16212338

"it's been completely chaotic"

Agreed, the words piss up and brewery come to mind

Quite