GETTY The EU court ruled Hamza's daughter in law could not be deported

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The Moroccan woman, who cannot be named for legal reasons, spent a year in jail for smudging a mobile phone sim card into the radical cleric’s high security-prison under her burka. Ministers have been desperately trying to deport her - but could now be stumped after an announcement from the European Court of Justice the UK cannot deport foreign convicts if they have British children. Known only as CS, it is believed the woman married Hamza’s British son in 2002, and was granted indefinite leave to stay in the UK in 2005.

GETTY The woman snuck a SIM card into Belmarsh Prison where Hamza was located

In 2011, the couple had a young son who holds British citizenship - but the pair later split, leaving her in sole custody of the child. She was jailed in May 2012 for 12 months after attempting to smuggle the contraband into prison for her father-in-law - who was detained as a category A prisoner at Belmarsh Prison in south-east London at the time. Hamza, a hate preacher who spouted evil on the streets of Britain for years, is now serving life in America for terror offences after he was extradited by the UK.

GETTY Hamza was known for spreading his messages of hate across Britain's streets

Foreign nationals who abuse our hospitality by committing crimes in the UK should be in no doubt of our determination to deport them. Home Office

At an appeal against the sentence for CS, Mr Justice Openshaw said Hamza could have used the SIM card to “convey messages of support to his followers outside, or use it to encourage or incite the commission of further offences”. The woman, who was accidentally identified by a Tory MP in Parliament, was handed a deportation notice in 2013 - which she then appealed citing her child as a reason to remain. The woman claimed there were no other family members he could live with in the UK, and that sending him to Morocco would breach his human rights.

In a previous hearing, an immigration minister ruled deportation would amount to “constructive expulsion” of her son from Europe, but ministers have been determined to appeal the ruling and expel her from Britain. But the plans have been dealt fresh blows as EU states will in future have fewer opportunities to deport foreign criminals under a new ruling from the ECJ that the deportation of convicted lone non-EU citizens is unlawful if their children have the nationality of a Member State. A statement from the court read: ”A deportation order may only be allowed if it is proportionate and based on the personal conduct of members of a non-EU country which must pose a genuine, present and sufficiently serious threat affecting the fundamental interest of the society of the host Member State”. Exceptions will be made only in cases of "an actual, present and significant threat to society".

GETTY Hamza was extradited to the US where he was sentenced to life in prison

GETTY His supporters demonstrated against his extradition, however