The Home Secretary pinned her hopes for ousting Abu Qatada from Britain on a fresh deal with the Jordanians.
A Tory MP and former government lawyer give their view on the UK potentially withdrawing from the ECHR to aid Abu Qatada's deportation.
The Government has been refused permission to take its fight to remove preacher Abu Qatada from the UK to the Supreme Court.
Shadow Home Secretary Yvette Cooper has criticised Theresa May's efforts to deport Abu Qatada, saying her strategy has "completely failed".
She said: “A year ago Theresa May promised Abu Qatada would soon be on a plane. Now it is clear her legal strategy has completely failed...
“Theresa May failed to appeal against the European Court decision last year. It is no good the Home Secretary blaming the Court when she didn't appeal when she had the chance."
The Government has been refused permission to take its fight to remove preacher Abu Qatada from the UK to the Supreme Court, but the affair is not at an end.
The Home Office will now request permission to appeal directly to the Supreme Court.
Three Supreme Court justices are expected to consider that appeal, which is set to be presented on paper rather than in the form of a full hearing.
The decision could be overturned if the justices are convinced there is a "point of law of general public importance".
The Government could still apply directly to the Supreme Court in a bid to take the case further.
The normal process is to submit a permission to appeal application which would then be considered by three Supreme Court justices.
They would decide whether or not the application raised a point of law of general public importance.
– Home Office spokesperson
We are disappointed with the Court of Appeal's decision but will now request permission to appeal directly from the Supreme Court.
The Government remains committed to deporting this dangerous man and we continue to work with the Jordanians to address the outstanding legal issues preventing deportation.
At the Court of Appeal, lawyers for Home Secretary Theresa May had challenged a ruling made last November by immigration judges on the grounds that Qatada was a "truly dangerous" individual who had escaped deportation through "errors of law".
But three appeal judges said the Special Immigration Appeals Commission (Siac) was entitled to conclude that disputed statements will be used against Qatada.
Qatada, who featured in hate sermons found on videos in the flat of one of the 9/11 bombers, has ultimately thwarted every attempt by the Government to put him on a plane.A resident in the UK since September 1993, he was returned to jail last month after he was arrested for alleged bail breaches.
A hearing over whether he should be granted bail again was due to be held last month, but was delayed.
Police searched Qatada's family home in London before he was held and have since said that he is being investigated over extremist material.
The Home Office today said it will now request permission to appeal against the decision to allow Abu Qatada to remain in the UK directly from the Supreme Court.
The Government has been refused permission to take its fight to remove hate preacher Abu Qatada from the UK to the highest court in the land.
Permission to appeal to the Supreme Court was refused by the Court of Appeal.
The Government's latest move came after judges last month rejected the latest in a long line of attempts to deport the terror suspect to Jordan.
In March, the Court of Appeal backed an earlier ruling that Qatada, also known as Omar Othman, could not be deported over fears that evidence obtained through torture would be used against him.
The Government has been refused permission to take to the Supreme Court its fight to remove preacher Abu Qatada from the UK, the Judicial Office said today.
– Yvette Cooper, Shadow home secretary
This is an extremely serious and disappointing judgment which rips apart Theresa May's strategy for deporting Abu Qatada and contradicts her repeated assurances to Parliament that her approach would get him swiftly on to a plane.
According to security experts, the Home Secretary and the courts, this is an extremely dangerous man, and we all want him to be deported to stand fair trial abroad as soon as possible and to be held in custody in the meantime.
Appeal Judges upheld a decision made in November by the Special Immigration Appeals Commission (SIAC):
SIAC was entitled to conclude that there is a real risk that the impugned statements will be admitted in evidence at a retrial and that, in consequence, there is a real risk of a flagrant denial of justice.
Lord Dyson, Lord Justice Richards and Lord Justice Elias said the court accepted that Qatada "is regarded as a very dangerous person", but that was not "a relevant consideration" under human rights laws.