Britain has requested the release of five British residents being held at Guantanamo Bay in Cuba.

David Miliband, the Foreign Secretary, has written to Condoleezza Rice, the US Secretary of State, requesting that America frees the men.

The Foreign and Commonwealth Office said in a statement: “The Foreign Secretary and the Home Secretary have decided to request the release from Guantanamo Bay and return to the UK of five men who, whilst not UK nationals, were legally resident here prior to their detention.”

The five men are Shaker Aamer, Jamil El Banna, Omar Deghayes, Binyam Mohamed and Abdennour Sameur.

Jacqui Smith, the Home Secretary, was told last month by the High Court that she had until 4pm on August 9 to decide whether one of the men, Jamil El Banna, 45, would be allowed to return to live in Britain following his release.

Mr Justice Beatson made the order as he gave Mr El Banna’s solicitors permission to seek judicial review of the Government’s failure to confirm that he would be allowed to return and live with his wife and five children, all British nationals, at their home in Dollis Hill, northwest London.

His lawyers claim that he has been unlawfully detained by the Americans for more than four-and-a-half years.

In a statement today the Foreign Office said: “The Foreign Secretary and Home Secretary have reviewed the Government’s approach to this group of individuals in light of these ongoing developments, our long-held policy aim of securing the closure of Guantanamo Bay, and the need to maintain national security. They have decided to request the release and return of the five detainees who have links to the UK as former residents, having been granted refugee status, indefinite leave or exceptional leave to remain prior to their detention.

“Our representations are limited to those with links to the United Kingdom as evidenced by their past lawful residence here. Discussions with the US Government about the release and return of these five men may take some time.

“The Government will of course continue to take all necessary measures to maintain national security. Should these men be returned to the UK, the same security considerations and actions will apply to them as would apply to any other foreign national in this country.”

By January 2005, the Government had secured the release and return of all the UK nationals detained in Guantanamo Bay but had not requested the release and return of this group of individuals.

The father-in-law of Mr Aamer, who is believed to have been captured in January 2002 in Afghanistan, where he was working for a Saudi Arabian charity, said the family learnt of the news via a letter hand delivered from the Foreign Office this morning.

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