Chechnyan can return to UK, rule judges


A man deemed likely to help try to kill a Russian politician on Britain's streets has been allowed to return to the UK to fight to stay in the country.

Three Court of Appeal judges overturned an order blocking the 47-year-old Chechnyan from seeking a judicial review of Home Secretary Theresa May's decision to ban him from the UK and cancel his indefinite leave to remain.

The judges quashed the order despite a rare public statement from the Security Service - MI5 - which said he posed a serious threat to the life of a Russian exile living in the UK.

The decision will fuel concerns over how Britain can be protected from foreign threats and comes after a wealthy Russian banker was gunned down outside his executive flat near Canary Wharf, east London, almost two weeks ago.

German Gorbuntsov was shot a number of times as he entered his block of flats and Scotland Yard is now liaising with Russian police for the first time on a major criminal inquiry since the diplomatic fallout over the death of dissident Alexander Litvinenko.

British prosecutors named former KGB agent Andrei Lugovoy as the main suspect after Mr Litvinenko, 43, died of radioactive polonium-210 poisoning in the capital in November 2006, but the Russian authorities have repeatedly refused to send him to the UK.

In the latest case, the Security Service told the court that the man, referred to only as E1, was a former adviser to Ramzan Kadyrov, the President of Chechnya, and had "played a significant role in the assassination of (a Chechnyan exile called) Israilov in Austria on behalf of Kaydrov".

In March last year, MI5 added that Kadyrov, who had been responsible for the assassination of a number of his opponents, had a black list of individuals, some of whom he wished to have assassinated.

The exiled Prime Minister of Chechnya, Ahkmed Zakayev, a friend of actress Vanessa Redgrave who fled to London in 2002, was believed to be on the list, MI5 added.

The Court of Appeal judgment, which included MI5's assessment, added that "Kadyrov was likely to seek to target Zakayev, and that should he seek to do so in the UK 'it would be likely to be facilitated through (E1) who would be well placed to provide valuable information'.

"Therefore the appellant (E1) posed a serious threat to Zakayev's life."

But the Home Secretary's notice banning E1 from the UK and revoking his indefinite leave to remain, issued while he was outside the UK in May 2010, wrongly stated that he could not return to the UK to appeal against the decision.

In April last year, while still outside the UK, he lost a bid at the Special Immigration and Appeals Commission (Siac) for a judicial review of the decision.

But Lord Justice Sullivan, along with the Court of Appeal judges Lord Justice Moses and Lord Justice Pull, ruled on March 22 that the notice banning E1, who has a wife and six children, from the UK should be quashed.

While the incorrect notice "did not entirely deprive him of an effective right of appeal, it did deprive him of a valuable right: the right to pursue his appeal in-country", Lord Justice Sullivan said.

He added that if the Home Secretary "either failed or refused to take any steps to rectify the error, it is difficult to see how the court could properly decline to quash the defective notice".

The court heard that E1 had been granted asylum and indefinite leave to remain in the UK in July 2002.


Start your day with The Independent, sign up for daily news emails
election 2015The 10 best quotes of the campaign
A caravan being used as a polling station in Ford near Salisbury, during the 2010 election
election 2015The Independent's guide to get you through polling day
David Blunkett joins the Labour candidate for Redcar Anna Turley on a campaigning visit last month
voicesWhat I learnt from my years in government, by the former Home Secretary David Blunkett
Have you tried new the Independent Digital Edition apps?
ebooksA celebration of British elections
  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: Marketing Manager (B2B) - Romford - £40,000 + car

£35000 - £40000 per annum + car and benefits: Ashdown Group: Marketing Manager...

Ashdown Group: Helpdesk Analyst - Devon - £20,000

£18000 - £20000 per annum: Ashdown Group: Helpdesk Analyst - Devon - £20,000 ...

Ashdown Group: Data Scientist - London - £50,000 + bonus

£35000 - £50000 per annum + generous bonus: Ashdown Group: Business Analytics ...

Ashdown Group: IT Project Coordinator (Software Development) - Kingston

£45000 - £50000 per annum: Ashdown Group: IT Project Coordinator (Software Dev...

Day In a Page

General Election 2015: ‘We will not sit down with Nicola Sturgeon’, says Ed Balls

'We will not sit down with Nicola Sturgeon'

In an exclusive interview, Ed Balls says he won't negotiate his first Budget with SNP MPs - even if Labour need their votes to secure its passage
VE Day 70th anniversary: How ordinary Britons celebrated the end of war in Europe

How ordinary Britons celebrated VE Day

Our perception of VE Day usually involves crowds of giddy Britons casting off the shackles of war with gay abandon. The truth was more nuanced
They came in with William Caxton's printing press, but typefaces still matter in the digital age

Typefaces still matter in the digital age

A new typeface once took years to create, now thousands are available at the click of a drop-down menu. So why do most of us still rely on the old classics, asks Meg Carter?
Discovery of 'missing link' between the two main life-forms on Earth could explain evolution of animals, say scientists

'Missing link' between Earth's two life-forms found

New microbial species tells us something about our dark past, say scientists
The Pan Am Experience is a 'flight' back to the 1970s that never takes off - at least, not literally

Pan Am Experience: A 'flight' back to the 70s

Tim Walker checks in and checks out a four-hour journey with a difference
Humans aren't alone in indulging in politics - it's everywhere in the animal world

Humans aren't alone in indulging in politics

Voting, mutual back-scratching, coups and charismatic leaders - it's everywhere in the animal world
Crisp sales are in decline - but this tasty trivia might tempt back the turncoats

Crisp sales are in decline

As a nation we're filling up on popcorn and pitta chips and forsaking their potato-based predecessors
Ronald McDonald the muse? Why Banksy, Ron English and Keith Coventry are lovin' Maccy D's

Ronald McDonald the muse

A new wave of artists is taking inspiration from the fast food chain
13 best picnic blankets

13 best picnic blankets

Dine al fresco without the grass stains and damp bottoms with something from our pick of picnic rugs
Barcelona 3 Bayern Munich 0 player ratings: Lionel Messi scores twice - but does he score highest in our ratings?

Barcelona vs Bayern Munich player ratings

Lionel Messi scores twice - but does he score highest in our ratings?
Martin Guptill: Explosive New Zealand batsman who sets the range for Kiwis' big guns

Explosive batsman who sets the range for Kiwis' big guns

Martin Guptill has smashed early runs for Derbyshire and tells Richard Edwards to expect more from the 'freakish' Brendon McCullum and his buoyant team during their tour of England
General Election 2015: Ed Miliband's unlikely journey from hapless geek to heart-throb

Miliband's unlikely journey from hapless geek to heart-throb

He was meant to be Labour's biggest handicap - but has become almost an asset
General Election 2015: A guide to the smaller parties, from the the National Health Action Party to the Church of the Militant Elvis Party

On the margins

From Militant Elvis to Women's Equality: a guide to the underdogs standing in the election
Amr Darrag: Ex-Muslim Brotherhood minister in exile still believes Egypt's military regime can be replaced with 'moderate' Islamic rule

'This is the battle of young Egypt for the future of our country'

Ex-Muslim Brotherhood minister Amr Darrag still believes the opposition can rid Egypt of its military regime and replace it with 'moderate' Islamic rule, he tells Robert Fisk
Why patients must rely less on doctors: Improving our own health is the 'blockbuster drug of the century'

Why patients must rely less on doctors

Improving our own health is the 'blockbuster drug of the century'