Nine Afghan men who hijacked a plane which landed at Stansted can stay in the UK.
The men were jailed three years ago for hijacking an Afghan Ariana Boeing 727 in February 2000.
But in June last year their convictions were quashed when the Court of Appeal decided a mistake had been made in directing the jury.
And this week a hearing found that although the Home Office was right to refuse asylum at the time, the men should not now face deportation to Afghanistan.
A spokeswoman for the Home Office said the Immigration Appellate Authority had ruled that the men would be in danger of attack from members of the Taliban if they returned.
"It said to return them would be contrary to the European Convention on Human Rights," she said.
The spokeswoman said the Home Office was 'disappointed' by the ruling and would appeal.
The original trial was told that during the three-day stand-off at Stansted airport in February 2000, the hijackers had threatened to kill passengers and crew.
But under the Home Office rules, failed asylum-seekers from Afghanistan can only be returned if they are from the region of the capital, Kabul.
Despite the fall of the Taliban, the rest of the country remains too dangerous for repatriation because of continued power struggles between different groups.
Asked if it feared the decision made the possibility of future hijacks more likely, BAA Stansted declined to comment.
Published Wednesday July 21, 2004
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