Jailed loyalist Johnny Adair was today given leave to seek a judicial review into the decision of Secretary of State Paul Murphy to have him rearrested.
Adair (39) is claiming that his imprisonment was a breach of his human rights because he was being denied a fair and impartial hearing of his charges.
His lawyer Mr Frank O'Donoghue QC told Belfast High Court that the appointment by Mr Murphy of an independent commissioner to consider the case did not satisfy the terms of the European Convention of Human Rights.
Mr O'Donoghue said that as the independent commissioner was appointed by the Secretary of State this did not give it the necessary impartiality.
Granting leave for the application Mr Justice Kerr said this did not in any way forecast the ultimate outcome of the application.
"The applicant faces formidable difficulties in pursuing his application," he said.
Mr Declan Morgan QC, opposing the application, argued that the independent commissioner was an adequate safeguard in protecting Adair's human rights.
The court will reconvene next Tuesday to consider the application. Adair was returned to Maghaberry prison a week ago after Mr Murphy decided he had broken the terms of his licence.
The Secretary of State said Adair had been involved in a series of terrorist crimes including directing terrorism, drug dealing, extortion, distribution of weapons and money laundering.
It is the second time the Shankill Road paramilitary leader has been returned to prison since being released in 1999 under the terms of the Belfast Agreement.