A Home Office plan to deport terror suspects back to Libya is in tatters today, after an immigration court ruled that they could face an unfair trial and even torture if sent home.

In a crucial test case, the Special Immigration Appeals Commissions (Siac) today ruled that two Muslims should not be deported because they faced the possibility of human rights abuses in their home country.

Despite confirming that he was unable to deport them under the European Convention on Human Rights (ECHR), Mr Justice Oseley, the Siac chairman, revealed today that the men were a threat to national security.

His statement described one of the suspects, known in court as DD, as a known "global jihadist" who was found with a map containing Birmingham International Airport's flight plans when he was arrested.

The other, known as AS, was believed to be a known "Islamic extremist" with clear links to jihadi groups.

His decision represents a serious blow to a memoranda of understanding signed by Colonel Gaddafi, the Libyan dictator, and the UK in October 2005, in which Libya had pledged not to mistreat anyone deported from the UK to the north African country. By signing the document, the Home Office had hoped to get around the ECHR regulations which prevent suspects being sent to any country which may torture or abuse them.

The men were the first the Home Office had tried to deport since the deal was signed, and the ruling appears to dash hopes of any further extraditions.

Mr Justice Ouseley said that - despite Colonel Gaddafi's promise - there remained a real risk that the ECHR could be breached if the two men were removed to Libya.

"There is also real risk that the trial of the appellants would amount to a complete denial of a fair trial," he added.

He accepted, however, that the men posed a risk to Britain, adding that DD was a "real and direct threat" to national security and a "global jihadist with links to the Taliban and al-Qaida." The Government claims he is brother-in-law of Serhane Fakhet, who blew himself up in a raid by Spanish police after the March 2004 Madrid train bombings, while another brother-in-law, Mustapha Maymouni, is serving 18 years in a Moroccan prison for his part in the Casablanca bombings which killed 45 people in May 2003.

When detained in October 2005, he is alleged to have possessed a map marked with the flight path to Birmingham International Airport in central England.

"The markings might have been for reconnaissance purposes, but might have a wholly innocent explanation," the court's ruling said.

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