Deported cleric 'would be stateless'

The lawyer acting for Abu Hamza, the controversial Muslim cleric accused of inciting anti-Western hatred, said Government plans to deport him were illegal.

Muddassar Arani, Mr Hamza's solicitor, revealed yesterday her client does not have Egyptian citizenship. This means a Home Office attempt to strip him of British citizenship is in breach of immigration law because it would leave the cleric stateless.

Ms Arani dismissed the deportation order, signed by David Blunkett, the Home Secretary, as a "publicity stunt". She said that Mr Hamza would take his case to the European Court of Human Rights if necessary.

"Everyone has been working on the incorrect assumption that Mr Hamza has dual nationality," said Ms Arani. "The fact is he would be stateless if the Government tried to deport him, which breaches immigration laws."

This development will come as a severe blow to Mr Blunkett who yesterday confirmed he had written to the radical preacher revoking his British citizenship under new immigration laws which came into effect earlier this week. Mr Hamza, who is wanted by the authorities in Yemen over suspected terrorism, has 10 days to lodge an appeal.

Under the new Nationality, Immigration and Asylum Act, the Government can remove the UK citizenship of a holder of joint citizenship if it is believed their activities threaten the interests of the country. The Home Secretary has come under increasing pressure to deport Mr Hamza, who has used his position as leader of the Finsbury Park mosque in north London to denounce Western leaders. He has been demonised in the press for his radical comments. Last week, the cleric denounced Mr Bush as "Genghis Khan" and Tony Blair as "his chambermaid".

In December, the Charity Commission concluded that a succession of statements by Mr Hamza were so extreme that they conflicted with the mosque's charitable status.

Mr Blunkett insisted he had acted against Mr Hamza because of his incitement of followers to attack British interests abroad, and not simply because he was an outspoken critic of the UK government. "We are not talking about a big mouth shouting off," the Home Secretary told the BBC's Today programme. "Irritating though that is, they have the right to do so. The evidence that would have to be adduced if this man appeals and his lawyers decide to challenge us would be about the way in which people are encouraged to take part in jihad and are encouraged to fight us overseas and issues of that sort."

However, his solicitor said that Mr Hamza was a scapegoat for the Government which was attempting to restrict freedom of speech.

Last night the Home Office insisted Mr Hamza did have Egyptian nationality.