As ministers finalise their new rules to exclude Mr Bakri Mohammed from Britain, the cleric said yesterday that he should be allowed back from his holiday in Lebanon for humanitarian reasons.

He claims to have an appointment at a London hospital for an operation to widen an artery which would cost up to £8,000 if he had to have private treatment. He said: “I have every right to come back. Britain is my home. My family are there and I have done nothing wrong”.

Officials believe the 47-year-old leader of the al-Muhajiroun group is trying to test the Home Office’s promised immigration rules. His followers said yesterday they might challenge any ban on medical grounds.

Senior officials said that the Home Secretary could exercise leniency if it were a life-or-death matter but a routine operation was unlikely to be grounds for lifting any ban.

One said: “His heart condition was not serious enough to prevent him flying to Beirut last weekend and I am sure they have very fine hospitals in Lebanon where this procedure could be done”.

Mr Bakri Mohammed, who has collected up to £300,000 in various benefits during his 19 years in Britain, had been given leave to remain after claiming that his life would be in danger if he returned to the Middle East.

He says he is suffering from a congenital heart problem and has had to postpone a number of appointments. The Syrian-born cleric, who described the July 7 suicide bombers as “the fantastic four”, says his treatment is scheduled for November or December. He has said he plans to return as early as next month from a visit to see his mother.

By then the new rules will be in place which gives the Home Secretary powers to exclude extremists on the grounds they foster hatred that may lead to intra-community violence.

His followers are keeping their leader up to date with the latest announcements by senior legal officials, such as Ken MacDonald, QC, the Director of Public Prosecutions, who says he is discussing with the police “possible offences of solicitation to murder”.

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