The refusal by the government to request the return of Bisher al-Rawi, Jamil el-Banna, and Omar Deghayes, three British residents held at Guant?namo Bay, is unlawful, the court of appeal was told yesterday.

Rabinder Singh QC, acting for the families of the men, who had indefinite leave to stay in Britain, said there was "credible evidence" that they had been tortured and were still exposed to that risk.

He said the government's refusal to act was contrary to the Race Relations Act and was breaching the rights of the men's families, who are British citizens.