The Government has been refused permission to take its fight to remove preacher Abu Qatada from the UK to the Supreme Court.
The Home Office will now request permission to appeal directly to the Supreme Court, but Theresa May's legal strategy has come under fire.
London Mayor Boris Johnson also expressed his disappointment, saying: "This decision is disappointing and perplexing and unfair on London taxpayers, who are footing the bill."
Shadow Home Secretary Yvette Cooper criticised May's efforts to deport Qatada, saying her strategy has "completely failed".
Watch - ITV News UK Editor Lucy Manning reports:
There was also criticism from May's own party, with Conservative MP Mark Reckless saying the Home Secretary had got her legal strategy wrong.
Today's decision could be overturned if the justices are convinced there is a "point of law of general public importance".
Three Supreme Court justices are expected to consider the appeal, which is set to be presented on paper rather than in the form of a full hearing.
Home Secretary Theresa May will make a statement in Parliament tomorrow.